Enervee Privacy Notice

Effective Date: April 16, 2020

Table of Contents

  1. I. General
  2. II. What We Mean By "Personal Information"
  3. III. What Data Do We Collect and From What Sources?
  4. IV. Purposes For Our Collection and Use of Personal Information
  5. V. Who Do We Share Personal Information With?
  6. VI. For California Residents
  7. VII. Data Retention
  8. VIII. Data Security
  9. IX. Links to Other Websites
  10. X. Children
  11. XI. How Do We Use Cookies?
  12. XII. Do-Not-Track-Signals
  13. XIII. Changes to the Privacy Notice
  14. XIV. Contact

I. GENERAL

This privacy notice sets out how Enervee Corporation ("Enervee" or "we") uses and protects any information that we may collect about you when you visit our website enervee.com and other websites operated by us such as online marketplaces featuring incentives for energy efficient home appliances and consumer electronics (each a “Marketplace”) that we operate for our utility company partners (collectively the “Sites”), correspond with us, or when you interact with our Services (as described below).

Enervee offers applications and services to energy providers, and engages residential customers (“Customers”) in intuitive energy-smart purchase decisions throughout their homes through the Marketplaces (collectively the “Services”). Security and the protection of Personal Information are the cornerstones of the Services and we wish to be fully transparent about the ways in which we collect, use, and disclose Personal Information. Insofar as our Services process Personal Information, this Privacy Notice applies.

II. WHAT WE MEAN BY "PERSONAL INFORMATION"

For purposes of this Privacy Notice, "Personal Information" means any information from or about a person or, where applicable, a household, that either reasonably identifies that person or, where applicable, a household, directly or that makes that person or, where applicable, a household, reasonably identifiable when it is combined with other information from or about that person or, where applicable, a household from any source.

III. WHAT DATA DO WE COLLECT AND FROM WHAT SOURCES?

(1) Data Collected Automatically

Most of the data we collect in and through the Sites and the Services is technical in nature and is collected and processed automatically through cookies and similar software-based technologies used on the Sites. Alone or in combination with other data, such automatically collected data may constitute Personal Information. The data we may collect by such automated means may include:

  • The Uniform Resource Locator (“URL”) of the site you visited before coming to our Sites, the URL of the site you visit after leaving our Sites, the type of browser you are using and your Internet Protocol (“IP”) address;
  • Information about the products you have searched and/or viewed in the Services;
  • Usage history relating to the Sites;
  • Browsing history; and
  • Information we collect on the use of the Sites via cookies. Please see the section "How do we use cookies" below for more information.

Google Analytics is an element of the Sites. By using cookies, Google Analytics collects and stores data such as time of visit, pages visited, time spent on each page of the Website, the Internet Protocol address, and the type of operating system used in the devices used to access the Website. By using a browser plugin available at http://www.google.com/ads/preferences/plugin/ provided by Google, you can opt out of Google Analytics.

We and our advertising partners may also use web beacons (single pixel GIF images). These web beacons are placed in the code of the Sites.

(2) Data Received from Third Parties

In connection with the Services, we may receive data from our business partners and other third parties in accordance with their privacy policies. Such data may include first name, last name, service addresses, account numbers, email address, phone number, and other details to validate customers as utility customers.

(3) Data You Provide to Us

When you use the Sites, or otherwise communicate with us, we collect data that you provide to us directly. For example, we collect data when you engage in certain activities on the Sites, such as redeeming an energy efficiency rebate, creating an account or ordering a product or service from us or our partners through the Sites (each an “Activity”). It is optional for you to engage in an Activity. Depending on the Activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular Activity that requires it, you will not be permitted to engage in that Activity.

The information you provide to us directly in connection with an Activity or that you otherwise provide directly to us may include the following information that may, alone or in combination with other data, constitute Personal Information:

  • Information you provide through 'Contact', “Favorite Products,” “Join Newsletter”, or “Save Search” functionalities, or when you sign up for the Services, including your name, e-mail, inquiry, address, company name, and any other information you decide to provide;
  • Information you provide via email or using the contact details listed on various parts of the Sites, including your name, company, and phone number, and any other information you provide to us;
  • If you are one of our customers, suppliers or prospects, we may process limited Personal Information in the course of our business relation with you, for example when you place an order, request a demo or vice versa. Such Personal Information may include your name, company, title, e-mail address, phone number, address, and order details; and
  • Other information: We may also collect any other information you may want to share with us in and through the Sites, such as Personal Information related to recruitment / job applications. Moreover, if you contact us, a record of this correspondence may be kept.

We may also provide areas on our Sites where you can publicly post information about yourself, can communicate with others such as discussion boards or blogs, or can review products, merchants, and submit media content. This information may be accessible by other consumers and companies and may appear on other sites or web searches, and therefore this information could be read, collected, and used by others. For example, if you post your email address along with a public product review, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information. We do obtain consent from our users to post their name along with their reviews.

IV. PURPOSES FOR OUR COLLECTION AND USE OF PERSONAL INFORMATION

The data collected automatically in connection with the Services is used to for the following purposes:

  • Respond to enquiries, orders, comments or complaints made by you or otherwise communicate with you;
  • Analytics and/or market research;
  • Advertising;
  • Troubleshooting;
  • Administering the Sites;
  • Analyzing trends;
  • Gathering demographic information;
  • Improving our understanding of how Customers interact with the Sites and the Services;
  • Improving the Sites and the Services;
  • To measure the overall effectiveness of our online advertising, content, and programming;
  • To track new visitors to the Sites;
  • To help us recognize your browser as a previous visitor to the Sites; and
  • Complying with applicable law, and cooperating with law enforcement activities.

In addition to the above, we use the Personal Information for our legitimate purposes of protecting our legal rights and the data we process, in connection with legal claims, and for compliance, regulatory, and investigative purposes. This may include sharing the Personal Information with third parties, such as governmental authorities or law enforcement officials subject to applicable law.

V. WHO DO WE SHARE PERSONAL INFORMATION WITH?

We may disclose Personal Information you provide to us or that we collect automatically on the Sites and in and through the Services with the following categories of third parties:

  • To our business partners in connection with an energy efficiency incentive redemption which you have chosen;
  • Advertisers;
  • Service providers, such as data storage service providers, marketing service providers, and communications service providers. Such service providers are only allowed to use Personal Information disclosed to them for the purpose of providing us the services and for no other purposes;
  • Public authorities, such as law enforcement, if we are legally required to do so or if we need to protect our rights or the rights of third parties; and
  • Our subsidiaries and affiliates; or a subsequent owner, co-owner or operator of the Sites and/or the Services and their advisors in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization, in accordance with this Privacy Notice.

VI. FOR CALIFORNIA RESIDENTS

California Civil Code Section 1798.83 permits Website(s) users who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make a request, please contact us: privacy@pgemarketplace.reamaze.com.

Furthermore, California residents have the following rights with respect to Personal Information we may have collected about them:

(i) Requests to Know

You have the right to request that we disclose:

  • The categories of Personal Information we have collected about you;
  • The categories of Personal Information about you we have sold or disclosed for a business purpose;
  • The categories of sources from which we have collected Personal Information about you;
  • The business or commercial purposes for selling or collecting Personal Information about you;
  • The categories of Personal Information sold or shared about you, as well as the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom Personal Information was sold; and
  • The specific pieces of Personal Information collected.

You may submit a request to know via the Privacy Tools. The delivery of our response may take place electronically or by mail. We are not required to respond to requests to know more than twice in a 12-month period.

(ii) Requests to Delete

You have the right to request that we delete any Personal Information about you that we have collected. Upon receiving a verified request to delete Personal Information, we will do so unless otherwise authorized by law. You may submit a request to delete Personal Information via the Privacy Tools.

(iii) Authorized Agents

You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to Probate Code sections 4000-4465 may submit a request on your behalf.

(iv) Methods for Submitting Consumer Requests and Our Response to Requests

You may submit a request for access and requests to delete Personal Information about you via:

https://marketplace.pge.com/privacy-tools/ or

via email at privacy@pgemarketplace.reamaze.com

Upon receipt of a request, we may ask you for additional information to verify your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose.

We will acknowledge the receipt of your request within ten (10) days of receipt. Subject to our ability to verify your identity, we will respond to your request within 45 days of receipt. In order to protect your privacy and the security of Personal Information about you, we verify your request by verifying your ownership of the email address used for the account. A verification link will be emailed to your email address for you to select and confirm your ownership of that email address, and then the data collection or deletion process can be initiated.

(v) The Right to Non-Discrimination

You have the right not to be discriminated against for the exercise of your California privacy rights described above.

(vi) Sale of Personal Information

In the last 12 months, we have not sold Personal Information collected in and through the Sites. Consequently, we do not have an opt-out functionality on the Sites.

VII. DATA RETENTION

We retain Personal Information about you only for as long as needed for the purposes for which it was collected.

Personal Information is only kept for as long as needed for the purposes described in this Privacy Notice and for our legitimate business purposes, after which it is scrubbed, de-identified, anonymized or obfuscated as soon as possible unless otherwise required by applicable legislation.

If you are a customer or supplier of Enervee, Enervee will retain Personal Information about you for the duration of the contractual relationship you or your company has with us and after the end of that relationship for as long as necessary to perform the purposes set out above or to comply with other legal obligations. Personal Information we collect as a result of you subscribing to our newsletter or press releases will be stored until you decide to withdraw your subscription.

VIII. DATA SECURITY

We maintain commercially reasonable risk-based security and data protection measures, which include end-to-end encryption for Personal Information in transit and encryption for Personal Information at rest. While we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third-parties such as so-called hackers from illegally obtaining access to Personal Information. We do not warrant or represent that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.

The Sites may contain links to other websites of interest. However, once you have used these links to leave our Sites, we do not have any control over third party websites. We cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this Privacy Notice. You should exercise caution and review the privacy notice applicable to the website in question.

X. CHILDREN

The Sites and the Services are not intended for children under the age of 16. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 16 years of age. We do not intentionally collect, sell, or process the Personal Information of individuals under 16 years of age. For more information on the acceptable use of the Website, please see our Terms of Service.

XI. HOW DO WE USE COOKIES?

Some of the features on the Website and the Services require the use of "cookies" - small text files that are stored on your computer's hard drive. We use cookies to measure which pages are being accessed, and which features are most frequently used. This enables us to continuously improve the Website to meet the needs of our visitors.

The following sets out how we may use different categories of cookies and your options for managing cookie settings:

Required cookies

Required cookies enable you to navigate the Sites and use its features, such as accessing secure areas of the Sites and using our Services. If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. These cookies allow us to uniquely identify you when you are logged into the Sites and to process your online transactions and requests.

Because required cookies are essential to operate the Sites, there is no option to opt out of these cookies.

Performance cookies

These cookies collect information about how you use the Sites, including which pages you go to most often and if they receive error messages from certain pages. Information collected using performance cookies is only used to improve how the Sites function and perform. From time-to-time, we may engage third parties to track and analyze usage and volume statistical information relating to individuals who visit the Sites. We may also utilize Flash cookies for these purposes.

To learn how to opt out of performance cookies using your browser settings, click here. To learn how to manage privacy and storage settings for Flash cookies, click here.

Functionality cookies

Functionality cookies allow the Sites to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of the Sites after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. We may use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on the Sites to personalize your visit.

To learn how to opt out of functionality cookies using your browser settings, click here. To learn how to manage privacy and storage settings for Flash cookies, click here.

Targeting or Advertising cookies

From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Sites. We sometimes use cookies delivered by third parties to track the performance of our advertisements. For example, these cookies remember which browsers have visited the Sites. By way of example, as you browse the Sites, advertising cookies may be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with retargeted advertising on other sites based on your previous interaction with the Sites. Third parties, with whom we partner to provide certain features on the Sites or to display advertising based upon your web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.

To learn more about these and other advertising networks and their opt out instructions, click here. To learn how to manage privacy and storage settings for Flash cookies, click here.

XII. Do-Not-Track-Signals

Our Sites do not respond to do-not-track signals. You may, however, disable certain tracking as discussed above (e.g., by disabling cookies) as set out above.

XIII. CHANGES TO THE PRIVACY NOTICE

This Privacy Notice may change from time to time, effective from the date mentioned in the updated version of the Privacy Notice. Please check the Sites periodically to review such changes in the Privacy Notice. We may email periodic reminders of our agreements and policies in the event of a change.

XIV. CONTACT US

If you have any questions or concerns about this Privacy Notice or about Enervee's privacy or data security practices, please contact us via the following:

privacy@pgemarketplace.reamaze.com

Enervee Corporation
10000 Washington Blvd
6th Floor
Culver City, CA 90232