Privacy Policy

Effective Date: October 1, 2023

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS TERMS AND CONDITIONS MAY HAVE CHANGED SINCE LAST VISITING THIS WEBSITE.

Undefined capitalized terms used in this Privacy Policy shall have the meaning given to them in the User Agreement.

1. Introduction 

This Privacy Policy (“Privacy Policy”) governs data collection and usage, and applies to Energy PriceBook (referred to hereinafter as “Energy PriceBook” or “Us” or “We” or “Our”) and Our Users (referred to hereinafter as “User(s)” or “You” or “Your”).  Any reference to “Partner(s)” shall include publishers; agencies; sponsors; advertisers; ad serving companies; marketing platforms including but not limited to media buying interfaces; demand side platforms (DSP); data management platforms (DMP), supply side platforms (SSP); networks; exchanges; and/or any entity participating in ad technologies, web tracking and/or web analytics.  In addition, We may use other entities and/or persons to help provide the Service (“Service Providers”).
 
Energy PriceBook’s goal is to provide valuable Services to Our Users and enable You to have a pleasant and productive online experience.  Central to this goal is to be transparent with You regarding the data that We collect and how We use this data.

By using Our Service, You agree to the terms of Our User Agreement, and You consent to the collection, use and sharing of Your data and Our data practices as described in this Privacy Policy and Our Cookie Policy.   The User Agreement, Privacy Policy, and Cookie Policy shall collectively mean and be referred to as the “Terms of Use,” which can be accessed and printed from Our site’s Terms of Use section.

Residents in European Union (EU), European Economic Area (EEA), and Switzerland and other regions may have additional rights under their laws.

We reserve the right to change this Privacy Policy from time to time. In such case, We will notify You of material changes to this Privacy Policy through Our Service, or by other means, including but not limited to, updating any privacy information on this page. If You object to any changes, Your sole and exclusive remedy is to close Your account.  In addition, Your continued use of the Service after such modifications will constitute Your: (a) acknowledgment of the modified Privacy Policy; and (b) consent to abide and be bound by the modified Privacy Policy. 

2.1 Information Collected From You

To better provide You with Service, We may collect personally identifiable information, including but not limited to User’s: first and last name, mailing address, e-mail address, company, phone number(s), title, age, gender, and Service login credentials (“User Personal Data”).

Additionally, We may also collect Your password. If You purchase Energy PriceBook's products and services, We collect billing and credit card information, which is used to complete the purchase transaction. Please keep in mind that if You directly disclose personally identifiable information or personally sensitive data through Energy PriceBook's public message Service (e.g., blog posts and comments), this information may be collected and used by others. 

We do not collect any personal information about You unless You voluntarily provide it to Us. However, We may collect information about You, including User Personal Data, when You elect to use certain products or services available on the Service. These products or services may include: (a) registering for an account on Our Service; (b) entering an event sponsored by Us or one of Our Partners; (c) signing up for special offers from selected third parties; (d) send, receive, or engage with messages and/or price sharing in connection with Our Service; (e) submitting Your credit card or other payment information when ordering and purchasing products and services on Our Service. We will use Your information for, but not limited to, communicating with You in relation to services and/or products You have requested from Us. We also may gather additional personal or non-personal information in the future. 

2.2 Information Collected From Others

To better provide You with Service, We may receive, collect and/or infer information about You, including User Personal Data, when:
A.    You and others post on Our Service content that includes information about You (e.g., blog posts, comments);
B.    Others send messages to You and/or receive messages from You using Our Services;
C.    You use the services of other third parties, including Our Partners; and
D.    We receive information from third parties others (e.g., other Users, Our Service Providers and Partners).

2.3 Information Collected From Use Of Service

We log usage data (e.g., webpage visited and time spent on each webpage) when You visit or use Our Services, including Our sites, app, and platform technology (e.g., Our off-site plugins), including when You view, share or click on content or ads (on or off Our sites and apps), and install one of Our mobile apps. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify You and log Your use. Information about Your computer hardware and software may be automatically collected by Energy PriceBook. This information can include: Your IP address, browser type, domain names, access times, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or Your mobile carrier and referring webservice addresses. This information is used for the operation of the Service, to maintain quality of the Service, and to provide general statistics and analytics regarding use of the Service. 

When You visit or leave Our Services (including Our plugins or cookies or similar technology on the sites of others), We may receive the URL of both the site You came from and the one You go to next. If You use Our Services from a mobile device, that device may send Us data about Your location. Most devices allow You to prevent location data from being sent to Us in which case We honor Your settings.

Energy PriceBook may track the aforementioned use data and parameters to: (i) determine what Services are most accessed, and (ii) deliver customized content and advertising within Our Service. 

2.4 Information Collected From Cookies

Overview
In accordance with Our Cookie Policy, We use, and allow others to use, "cookies" and similar technologies (e.g., web beacons, pixels, ad tags, cache memory, device IDs) to collect and track data to help You personalize and improve Your online experience by recognizing You and Your device(s) on, off and across different services and devices where You have engaged with Our Services.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. If You choose to decline cookies, You may not be able to fully experience the interactive features of the Service. To provide Our Users with applicable information (e.g., ads, updates, etc.), We may, where permitted, collect, track, or rely on others to collect and track information about Your device (e.g., ad ID, User ID, IP address, operating system and browser information) if You have not interacted with Our Services.

Do Not Track (“DNT”)
DNT is a concept promoted by government bodies such as the U.S. Federal Trade Commission and the California State Legislature.  If a website collects personal information, that website must comply with, for example, the California Online Privacy Protection Act (“CalOPPA”), which requires a website to have a privacy policy and that the privacy policy include a DNT clause.  A DNT clause is a mechanism for allowing You to control the tracking of Your online activities across websites by using Your browser settings that lets You know whether or not a website agrees to not track Your activities based on Your DNT request.  Although We are not required to accommodate to Your DNT requests, We are required to disclose whether We do or do not accommodate DNT requests.  To this end, We do not generally accommodate DNT requests.   In addition, we cannot control the DNT handling of third parties interacting with Our site, such as Google Analytics and others.

 

3.1 How We Use/Share Your Data – Advertisements, Communications and Opt-out

Advertisements
In accordance with the User Agreement, Energy PriceBook may collect and share with third parties, including Energy PriceBook Partners and/or Service Providers, data relating to Your interactions both on and off Our Services, wherein this data is collected and shared via a variety of methods, including web beacons, pixels, tags, cookies, local device storage, device identifiers (e.g., IP address, User ID), other tracking technologies, information collected from other Users, information collected from any use of the Service or other sites, information collected as described in Sections 2.1, 2.2, 2.3 and 2.4, and any information inferred from the data described herein (collectively referred to as “Use Content”).  
We may also present ads (and measure the performance of) ads from Us, Our Partners, and other third parties, wherein these ads may be shown to You, other Users, visitors, and others both on and off of Our Services.  This presenting and monitoring of advertisements may be accomplished utilizing the afore-described Use Content. If You take action on these ads, Your action may be associated with Your User Personal Data and such action is viewable by others, including the ad provider.

Communications
From time to time, Energy PriceBook may contact You for the purpose of: providing announcements, advertisements, alerts, network updates, alerts, confirmations, surveys, availability of Our Services, security, legal notices, and/or other general communication. These communiques can be in the form of email, notices/messages posted on Our websites or apps, and other ways through Our Services, including text messages and push notifications. To improve Our Services, We may receive a notification when You open a communique (e.g., email, etc.) from Energy PriceBook or click on a link therein.  We also may enable communications between You and others through Our Services, including invitations, groups, messages between Users, and interactions with Energy PriceBook and/or Our Partners. We may also let senders know when You act on their message.

Opt-out
We respect Your privacy and give You an opportunity to opt-out of receiving communications and advertisements from third parties. Please be aware that You may not be permitted to opt out of receiving advertisements and service messages from Us, including security and legal notices.

3.2 How We Use/Share Your Data – Our Service

Energy PriceBook may collect and utilize Your User Personal Data and/or Use Content and other user information to authenticate You and authorize access to Our Service.  We may also utilize Your User Personal Data and/or Use Content and other user information to: (i) research and develop new Services and enhance/automate existing Services and user activity;  (ii) operate and deliver Our Service(s); (iii) help perform statistical analysis and create aggregate data summaries including geographic, professional or industry demographics, and number of ads served or clicked on; (iv) provide customer support; (v) conduct polls and surveys by Us and others through Our Services; (vi) investigate possible security breaches, fraud and violations to Our Terms of Use and attempts to harm Our Users, visitors or Partners, and (vii) market promotions for Our Services or the products/services of Our Partners.

3.3 How We Use/Share Your Data – Other Parties

Paying Parties
Another person or entity procuring Our Services for Your use (e.g., Your employer) may provide Us information about You and other employees or contractors who use Our Services.  We may provide this paying-party with information about You, including User Personal Data, and enable this paying-party to review and manage Your use of the Service.

Service Providers and Partners
Service Providers may have access to Your information as is reasonably necessary to perform specified tasks on Our behalf (e.g., maintenance, analysis, audit, payments, fraud detection, marketing, development).  When personal information (including a credit card number) is transmitted to a Service Provider, it is protected through the use of encryption, including the Secure Sockets Layer (SSL) protocol. Furthermore, Service Providers shall be legally obligated not to disclose or use Your information for purposes outside their defined scope of work.

In addition, Our Service may contain links to third parties (e.g., Our Partners).  Please be aware that We are not responsible for the content or privacy practices of these third parties. We encourage You to be aware when You leave Our Service and to read the terms of use of any other site that may collect personally identifiable information.

Legal Proceedings
Energy PriceBook may disclose Your personal information, without notice, if required to do so by law, subpoena, or other legal proceeding or in the good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) enforce Our Terms of Use with You or others; (iii) protect and defend the rights, safety, interest or property of Energy PriceBook, Our Users, or others, including investigating/defending Energy PriceBook against third-party claims or allegations; (iv) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (v) operate or conduct maintenance and repair of Energy PriceBook’s services or equipment, including the Service as authorized by law; and/or (vi) act under exigent circumstances to protect the personal safety of Our Users, or the public. 

Change in Ownership/Control
We may also share Your personal data, including User Personal Data and/or Use Content, as part of a sale, merger, sale of assets, or change in control, or in preparation for any of these events. Any other entity which buys Us or any part of Our business will have the right to continue to use Your data, including User Personal Data and/or Use Content, but only in the manner set out in this Privacy Policy unless You agree otherwise.

 

4.1 California Consumer Privacy Act – Overview

Section 4 describes how We process Your personal data in accordance with the California Consumer Privacy Act (CCPA).  We fully explain Our processes to all of Our Users in this Privacy Policy, but this section contains information and notices required by the CCPA, which protects Californians.

4.2 California Consumer Privacy Act – Do Not Sell Notice

We do not sell (as defined by the CCPA) Your personal information because We either: (i) receive your consent prior to sharing Your personal information or (ii) the sharing of Your personal information is necessary to perform a business purpose as defined in Section 4.5 below.  In addition, when we share Your personal information with a Service Provider for a business purpose, the Service Provider will not further collect, sell, or use Your personal information, except as reasonably necessary and proportionate to achieve the operational (business) purpose for which the information was collected.

4.3 California Consumer Privacy Act – Your Rights

The CCPA provides You with the following rights:

Request Information
You (or Your authorized agent) have the right to request that We disclose what personal data We collect, use, disclose, distribute, sell, lease and/or rent within the past 12 months (from Your request date).  You can submit Your disclosure request by contacting Us online. To validate this information request and before We take action, We may ask for additional information including, but not limited to, Your email address, phone number, and address.

Opt-Out of Selling Your Personal Data
We do not sell (as defined by the CCPA) Your personal data; therefore, We do not offer an opt-out to the sale of personal data.

Nondiscrimination
You have a right not to receive discriminatory treatment if You exercise Your CCPA rights, and We will not discriminate against You if You do exercise such rights.

Delete Information
You also have the right to request that We delete Your personal data.   You can submit this deletion request by contacting Us online or by closing Your account.  To validate this deletion request and before we take action, We may ask for additional information including, but not limited to, Your email address, phone number, and address.

4.4 California Consumer Privacy Act – Process Personal Information

This section describes the information that: (i) We collect, (ii) sources for this information, and (iii) the business purpose(s) for collecting this information.  The following organizes this information according to the personal information categories set forth in the CCPA.

Personal Information Categories
A.    Identifiers including Your real name, alias, postal address, email address, account name, unique personal identifier, online identifier, internet Protocol (IP) address, cookies, beacons, pixels, tags, mobile identifiers, ad identifiers or other similar technologies and identifiers
B.    Any categories of personal information described in California Civil Code; Section 1798.80(e) including Your name, signature, address, telephone number, education, employment, credit card number, or debit card number
C.    Characteristics of protected classifications under California or federal law including Your gender or age
D.    Commercial information including Your products or services purchased, obtained, or considered, or Your other purchasing or consuming histories or tendencies
E.    Internet or other electronic network activity information, including, but not limited to, Your browsing history, search history, and information regarding Your interaction with an internet website, application, or advertisement
F.    Geolocation data
G.    Audio, electronic, visual, or similar information
H.    Professional or employment-related information
I.    Inferences drawn from any of the information identified in this section to create a profile about Your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

Sources
The personal information described above (Section 4.4 (A – I)) is collected from one or more of the following sources:
•    Information You provide to Us directly and inferences We make based on that information
•    Information from Our other Users
•    Your interactions with Our Services
•    Information from Our Partners and other third parties (e.g., Service Providers), including information to help Us: (i) serve Users relevant advertisements and (ii) understand the ads’ effectiveness
•    Your interactions with others (third parties, Our Partners, other Users) and others interactions with You
•    Business observing activities and recording the information (e.g., use of cookies, tags, pixels, etc.)

Business Purpose
The personal information described above (Section 4.4 (A – I)) is collected for one or more business purposes outlined in Section 2 and Section 3 of this Privacy Policy.

4.5 California Consumer Privacy Act – Disclosure of Personal Information for Business Purposes

In addition to the business purposes outlined in Section 2 and Section 3 of this Privacy Policy, We may use Your personal information to operate and deliver Our Services for the following CCPA “business purposes” (as defined by the California Consumer Privacy Act):

A.    Auditing related to one or more of Your interactions with the Service and any corresponding transactions, including counting ad impressions, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards
B.    Detecting security incidents, protecting You against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
C.    Debugging to identify and repair errors that impair existing and/or future intended functionality
D.    Short-term, transient use (e.g., a current interaction), including the contextual customization of ads shown as part of the this (current) interaction; provided that - if We do not receive your consent to share Your personal information - Your personal information will not be disclosed to another third party and will not be used to build a profile about You or otherwise alter Your user experience outside this current interaction
E.    Performing services by third parties on Our behalf (e.g., Service Providers), including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services
F.    Undertaking internal research for technological development and demonstration
G.    Undertaking activities to verify or maintain the quality or safety of the Service, and to improve, upgrade, or enhance the Service

 

5.1 Other Information – Data Retention and Account Closure

We retain the personal data You provide while Your account is in existence or as needed to provide You Services.  We may store Your data on servers provided by third party hosting vendors with whom We have contracted. 

If You choose to close Your account, Your personal data will stop being visible to others on Our Services. We generally delete closed account information within 30 days of account closure, except as noted herein.  We retain Your personal data even after You have closed Your account if reasonably necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) enforce Our Terms of Use with You or others; (iii) protect and defend the rights, safety, interest or property of Energy PriceBook, Our Users, or others, including investigating/defending Energy PriceBook against third-party claims or allegations; (iv) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (v) operate or conduct maintenance and repair of Energy PriceBook’s services or equipment, including the Service as authorized by law; and/or (vi) act under exigent circumstances to protect the personal safety of Our Users, or the public.  We will retain de-personalized information after Your account has been closed. Information You have shared with others via the Service will remain visible after You close Your account, and We do not control Your publicly posted data (e.g., messages, sharing pricing) that other Users may have copied from Our Services prior to You closing Your account.

5.2 Other Information – Security and Cross-Border Data Transfers

Energy PriceBook secures Your personal information from unauthorized access, use, or disclosure through use of encryption.  Although We  strive to take appropriate security measures to protect against unauthorized access to or alteration of Your personal information, unfortunately no data transmission over an internet or any wireless network can be guaranteed to be 100% secure.  As a result, while We strive to protect Your personal information, You acknowledge that: (a) there are security and privacy limitations inherent to an internet which are beyond Our control; and (b) security, integrity, and privacy of any and all information and data exchanged between You and Us through the Service cannot be guaranteed.

Your personal data may be transferred to and stored on servers at Energy PriceBook’s hosting provider, Amazon Web Services (AWS) in the United States.  The data protection and privacy laws of the United States may not be as comprehensive as the laws in Your country.  For example, personal data transferred to the United States may be subject to lawful access requests by federal and state authorities in the United States.  However, Your data may be “shielded” from such request because AWS participates in the EU-U.S. Privacy Shield principles and the Swiss-U.S. Privacy Shield principles regarding the collection, use, sharing and retention of personal data from the European Economic Area and Switzerland.  These principles are described in the EU-U.S. Privacy Shield certifications and Swiss-U.S. Privacy Shield certifications of AWS.  
https://www.privacyshield.gov/participant?id=a2zt0000000TOWQAA4&status=Active

5.3 Other Information – Children’s Privacy 
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If We become aware that We have collected personal information from a child under the relevant age without parental consent, We will take steps to delete that information.

5.4 Other Information – Contact Information 

Energy PriceBook welcomes Your comments regarding this Privacy Policy. If You have any questions or complaints, please first contact Us online. 

You can also contact Us by physical mail at: 
Energy Enablement, LLC dba Energy PriceBook 
Foster Plaza 5, 651 Holiday Drive, Suite 400 
Pittsburgh, Pennsylvania 15220

5.5 Other Information – Definitions 
As used in this Privacy Policy, unless the context otherwise requires: (a) “Include,” “includes,” and “including” are deemed to be followed by “without limitation,” whether or not they are in fact followed by such words or words of like import; and (b) unless the context clearly indicates otherwise, any term defined or used in the singular shall include the plural of such term, any term defined or used in the plural shall include the singular of such term.  Undefined capitalized terms used in this Privacy Policy shall have the meaning given to them in the User Agreement.