Privacy Policy

Last Updated 6/19/2014

SmartEnergy Holdings, LLC (“SmartEnergy”) collects personal information from its customers and the users of SmartEnergy’s website(s). (The customers and/or the users of the SmartEnergy website(s) may be referred to herein as “you”.) This Privacy Policy (the “Privacy Policy”) describes what information SmartEnergy collects, how SmartEnergy uses that information, and to whom SmartEnergy may disclose that information.

This Privacy Policy covers the activities of any of SmartEnergy’s affiliates and subsidiaries (collectively, also “SmartEnergy”), and applies to all of the websites and on-line services currently owned or operated by SmartEnergy or that SmartEnergy may own or operate in the future (the “SmartEnergy Sites”). This Privacy Policy does not apply to, and SmartEnergy is not responsible for, the use of any data collected on unaffiliated websites to which the Sites may link. In addition, SmartEnergy cannot guarantee that information sent via email over the internet is secure and will not be intercepted by third parties.

SmartEnergy uses the information it collects from its customers and the users of the Sites to provide you with SmartEnergy’s products and services. SmartEnergy does not disclose or sell any personal information about its customers or the users of its Sites without their prior approval, except as: (i) required by law, (ii) requested by regulatory agencies and/or governmental authorities, (iii) necessary for legitimate business purposes, as further described herein.

SmartEnergy will not share personal information with marketing partners if you opt-out by emailing us a request at customer.service@smartenergy.com. If an opt-out is not submitted, we will notify users of offers of interest from SmartEnergy and our marketing partners. We may also share your personal information with marketing partners so that they can send you offers directly for products and services that may be of interest to you. The personal information our users provide to us may be combined with other personal information (such as demographic information and past purchase information) available from our records and other sources. We use a third party to verify your address. This allows us and our marketing partners to present our users with offers and information geared towards their interests. We will only work with marketing partners who offer products or services that we believe may be of interest to our customers. Nevertheless, SmartEnergy is not and cannot be responsible for the activities or privacy policies of these third parties.

In the event of a merger, acquisition, or change of control of SmartEnergy, customer data would be considered a business asset and would be transferred.

The Sites are intended for adults, and not for use by those under the age of 18 years of age. SmartEnergy will not knowingly collect or disclose personal information from children.

By submitting personal information to SmartEnergy, you are agreeing to permit SmartEnergy to access, store and use that information, as described in this Privacy Policy. From time to time, SmartEnergy may change this Privacy Policy, and will publish such changes on the Sites. SmartEnergy adheres to security procedures in an effort to protect the information it has collected from its customers and the users of its Sites.

For the purposes of this Privacy Policy, “personal information” means identifying information about an individual. SmartEnergy collects and maintains different types of personal information, including:

• Contact and identification information, such as name, address, telephone number, email address, date and place of birth and driver’s license number;
• Information about the products/services purchased by an individual or about which an individual has inquired;
• Credit and financial information, such as billing and credit and/or payment history, and employment and income information; and
• Customer relationship information, such as customer service requests.

SmartEnergy may collect information about you without your knowledge or consent, but only where permitted or required by applicable law. In addition, SmartEnergy reserves the right to monitor and/or disclose any communications or personal information, if requested to do so by governmental authorities.

SmartEnergy uses “cookies” on the Sites. Cookies are small text files that are stored on your computer’s hard drive by a web site through your browser. “Cookies” enable a website to keep track of your activities on that site, and to improve your use of that site by, for example, keeping track of your preferences. They do not include any personal information. You can change your browser settings on your computer so that cookies are not stored on your hard drive.

SmartEnergy collects personal information to allow SmartEnergy to operate its business. More specifically, SmartEnergy collects personal information about you to:

• Establish and manage a relationship with its customers;
• Provide you with the proper products and services, and keep track of the same;
• Obtain credit approval;
• Inform its customers and potential customers about its products and services;
• Inform its customers and potential customers about certain products and services, which third parties may wish to offer to you;
• Respond to your comments and requests for information;
• Protect us against fraud, error, theft and damage to our property;
• Enable us to comply with applicable law or regulatory requirements; and
• Use such information for any other legitimate purpose to which you consent.

Some examples of the ways in which SmartEnergy may disclose personal information about you are listed below:

• If permitted or required by applicable law or regulatory requirements;
• As part of SmartEnergy’s reporting activities;
• To protect the rights and property of SmartEnergy;
• During emergencies or if necessary to protect someone’s safety;
• If the personal information is already available to the public.
• As required by its employees, and third parties who provide services to SmartEnergy, including but not limited to authorized contractors, consultants, credit and collection agencies, so that such parties may assist SmartEnergy in establishing, maintaining and managing its business;
• In the event of a change in ownership of all or a part of SmartEnergy through a merger, purchase, sale, lease or other form of business combination, provide that the parties are bound by obligations requiring them to use your personal information in a manner that is consistent with this Privacy Policy.

It is important that the personal information SmartEnergy has collected about you is accurate and current. Accordingly, please contact SmartEnergy, as described below, if you wish to update or review the information SmartEnergy has collected about you.

Please use the “Contact Us” area of the Sites if you wish to contact SmartEnergy with any concerns you may have about SmartEnergy’s collection, storage, use and disclosure of your personal information.