Effective May 25, 2018
- “Client” means a customer of Company.
- “Client Data” means Personal Data a Client provides to use the Service.
- “Personal Data” means any information relating to an identified or identifiable natural person or considered personally identifiable information by law.
- “Public Area” means those portions of the Service that can be accessed both by Users and Visitors, without needing to log in.
- “Restricted Area” means those portions of the Service that can be accessed only by logging in as a registered member of the ESC Website or any other Bright Power website which requires login information.
- “User” means a person or entity that uses the Service.
- “User Data” means Personal Data that a User provides to use the Service.
- “Visitor” means an individual other than a User, who uses the public area, but has no access to the Restricted Area of the Company Websites or Service.
2. Information We Collect
2.1 Client and User Provided Information. We collect information to provide and improve our Service to you. We sometimes collect Personal Data including:
- “Registration Information”: In providing Services, we may collect personally identifiable information, including a person’s name, physical address, mailing address, billing address, email address, birth date, credit or debit card number, credit or debit card expiration date, other billing information, username, password, on occasion a unique identifier (for account security purposes), and other personally identifiable information that may be required for access to a utility account.
- “Usage Data“: We may also collect information that your browser sends whenever you visit our Service. This may include information such as your computer’s Internet Protocol address (i.e. IP address), browser type, browser version, the pages of our Company Websites that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and the like. Usage Data may also include data about your purchasing patterns, your contact details, and your profile information.
When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
- “Real Property Information“: Company offers energy efficiency services concerning real property. We may collect real property utility usage and consumption data. We may also associate information about you with information about properties covered by our Company Websites.
- “Account Activities Information“: We record and retain the records of your account activities when you use the Service. We may associate information about you with the pages or reports which you may have viewed recently at our Websites including the ESC Website and/or a history of any subscriptions and any communications you may have had with any of our representatives, including any problems with the service you may have reported and other non-personally identifiable information.
- “Payment Information”: We may record and retain records of your credit or debit card number, credit or debit card expiration date, other billing information, and we may share these with banks or financial institutions, or other third parties as reasonably necessary to process payments or provide the Services.
- “Statistical Information“: In addition, we gather statistical information about our Company Websites and Users, including using your personally identifiable information (including your address) along with demographic data such as utilities usage information both internally and externally for ongoing analytics purposes, both in aggregated and user-specific form.
- “Marketing Information“: From time to time, we may gather information about our Users and prospective users during trade shows, marketing events and other functions for follow up marketing purposes.
- “Disclosed Personal Information“: From time to time, our Users or Visitors may disclose Personal Data deliberately or inadvertently including without limitation to personal identifiers such as name, email addresses, telephone number, facsimile number and IP address of individuals in the course of using the Company Websites. For example, Users or Visitors may provide information to Company through the Company Websites by filling out an intake or inquiry form.
2.2 Information Collected by Clients. Our Clients may collect information that could directly or indirectly contain Personal Data, such as utility bills, invoices or other records. Company may have no direct relationship with non Client Users whose Personal Data its Client may collect or provide as part of Client Data. Each Client is responsible for providing notice to Users with whom it has contractual privity or a relationship concerning the purpose for which the Client collects their Personal Data and how this Personal Data is processed in or through the Service as part of Client Data.
You can determine if and how a cookie will be accepted by configuring your browser, which is installed in the computer you are using to access the Company Websites. If you desire, you can change those configurations in your browser to accept all cookies, to be notified when a cookie is sent, or to reject all cookies. If you reject all cookies you may be required to re-enter your information on our Company Websites more often and certain features of our Company Websites may be unavailable.
Examples of Cookies we may use:
- Session Cookies. We may use Session Cookies to operate our Service.
- Preference Cookies. We may use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We may use Security Cookies for security purposes.
2.4 Collected Information. By “Collected Information” we mean information collected by cookies, information collected by Clients that is provided to us or collected by us as Client Data, Registration Information, Usage Data, Real Property Information, Account Activities Information, Payment Information, Statistical Information, Marketing Information, Disclosed Personal Information and any information we may collect from you, from our affiliates, or from other parties or through any other means.
3. How We Use Collected Information
Company may use the Collected Information for various purposes:
3.1 General: We use your Collected Information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our Company Websites’ content, layout and Service specifically for you. We may use Collected Information to provide technical support to Clients or other services to Clients, including but not limited to investigating problems, resolving disputes and enforcing agreements with us. We may use Collected Information to facilitate proper operation of our Service and business activities of its Users including without limitation by providing or sharing depersonalized statistical data about energy usage to improve energy usage in real property.
3.2 Registration Information: We may use your Registration Information or other Collected Information to provide services that you request or to contact you regarding additional services about which Company determines that you might be interested. Specifically, we may use your email address, mailing address, phone number, mobile number or fax number to contact you regarding notices, surveys, product alerts, new service or product offerings and communications relevant to your use of our Company Websites. We may also generate reports and analysis based on Collected Information for internal analysis, monitoring, marketing decisions and to provide to third parties for information sharing regarding energy usage and optimization.
3.3 Usage Data: We may use Usage Data to provide value-added services to our Clients, Users, affiliates, or related entities, including without limitation to providing pattern and behavioral data to facilitate marketing initiatives and decision-making.
3.4 Real Property Information: We may use Real Property Information to compare energy usage across real properties, to develop analytics or other tools to measure energy usage, to assess comparables and other factors relevant to energy usage, to provide energy usage scoring or ratings, or to provide general metrics or information regarding patterns of energy usage.
3.5 Payment Information: We may use Payment Information to process Client payments or as necessary to provide the Services.
3.6 Account Activities Information: We use Account Activities Information to provide the Services that you request. We may also generate reports, statistics and analysis based on Account Activities Information to enhance and improve our Services.
3.7 Statistical Information: We use Statistical Information to help diagnose problems with and maintain our computer servers, to manage our Services, and to enhance our Services based on the usage pattern data we receive. We also may generate reports and analysis based on the Statistical Information for internal analysis, monitoring and marketing decisions. We may provide Statistical Information to third parties, in particular information concerning building energy usage and patterns of usage. When we provide Statistical Information to third parties, we depersonalize or anonymize any Personal Data to prevent disclosure of personally identifying information without your permission. We will seek your written consent if we ever wanted to send Statistical Information to third parties that was not depersonalized or anonymized.
3.8 Disclosed Personal Information: We provide energy efficiency and usage consulting for real property managers, developers, and the like. Our Services should not be used for personal use. Uses of any Personal Data by any of our Clients or Users are subject to privacy laws in each of their respective jurisdictions. Each of our Clients is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Company Websites and Services are in compliance with the same. Each of our Clients is expressly prohibited from using any Personal Information for illegal activities.
4. Disclosure Of Data
4.1 Unrestricted Information. Any information included in a Public Area of the Service will be available to any Visitor or User who has access to that content.
4.2 Disclosure to Service Providers. We may provide Collected Information to our affiliates and service providers under contract to support the operation of the Company Websites and Service. We work with third-party service providers who provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Data or Client Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions.
4.4 Disclosure for Law Enforcement. Under certain circumstances, Company may be required to disclose or make public Collected Information, including Personal Data. For example, we may disclose Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation, for example in response to a subpoena or other judicial order or when we reasonably believe that such disclosure is required by law, regulation or administrative order of any court, governmental or regulatory authority.
- To protect and defend the rights or property of Company, including to identify, contact or bring legal action against someone who may be infringing or threatening to infringe, or who may otherwise be causing injury to or interference with, the title, rights, interests or property of Company, our Users, Clients, partners, affiliates, Visitors, or anyone else who could be harmed by such activities.
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
5. Retention of Data
Company may also retain Usage Data for internal analysis purposes. While Usage Data is generally retained for a shorter period of time, it may be retained for a long period of time if it is used to strengthen the security or to improve the functionality of our Service, or if we are legally obligated to retain this data for longer time periods.
6. Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
7. Third Party Services
We have established relationships with other parties that may offer you the benefit of other products and services that we ourselves do not offer. The privacy policies of such other parties may differ from ours, and we may not have any control over the information that you submit to such third parties or co-branded sites. We therefore encourage you to read those policies before responding to any offers, products or services provided by such other parties.
8. Security Of Data
If you are a Client or User who has registered with the Service, your Registration Information, information you upload through the Services can be viewed and edited through your Account, which is protected by a Password. We recommend that you do not divulge your Password to anyone. Our personnel will never ask you for your Password in an unsolicited phone call or in an unsolicited e-mail. If you share a computer with others, we recommend you do not save your login information (e.g., User ID and Password) on the computer. Remember to sign out of your Account when you have finished your session. If you are a User or Visitor, please note that no method of transmission over the Internet, wireless transmission, or method of electronic storage is perfectly secure. The security of your data is important to us, and we strive to use commercially acceptable means to protect your Personal Data. However, we cannot guarantee its security.
9. Children’s Privacy
Our Service does not address and is not directed towards anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent or other legal justification, we will take steps to remove that information from our servers.
10. Your Rights
Company aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
10.1 Modifying Personal Data. Whenever made possible, if you have registered to use our Service, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
10.2 Removing Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. If you are not a Client or User please initially contact the Client or User that collected and processed your Personal Data.
10.3 Data Portability. You have the right to data portability for the information you provide to Company. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it. Company will provide such data as it may be reasonably available and technologically feasible to obtain or segregate from other data.
10.4 Other Data Subject Rights. In certain circumstances, you have the right:
- To access and receive a copy of the Personal Data we hold about you
- To rectify any Personal Data held about you that is inaccurate
- To request the deletion of Personal Data held about you
Please note that we may ask you to verify your identity before responding to such requests. Please further note that you should first make any such request to the Client or User that collected or processed your Personal Data.
12. Contact Us