Simple Energy Privacy Policy

Updated January 1, 2015

Thank you for visiting our Energy Marketplace website (“Site”), powered by Simple Energy, Inc. (“Simple Energy”, “we”, or “us”), which is designed to provide you with access to various energy related products and services (the “Service”). Simple Energy provides this Marketplace Privacy Policy (this “Privacy Policy”) in order to describe our practices regarding the information that we collect in connection with this Site. In some cases, we may provide the Site on behalf of your energy service provider (“Utility”). In such cases, your Utility may further restrict the information we collect from you and how we are permitted to use such information. By submitting information in connection with the Site or Service, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your information in accordance with this Privacy Policy.

THE INFORMATION WE COLLECT

We may collect the following information about you when you use our Site or Service:

  • Your name
  • Your address
  • Account username and password information
  • Additional details that you may supply about your home
  • Other information that you provide directly to us through the Site or Service

IF YOU PROVIDE US YOUR UTILITY ACCOUNT NUMBER, WE MAY OBTAIN PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU FROM YOUR UTILITY INCLUDING THE FOLLOWING ITEMS:

  • Contact information (including name, address, email, and phone number)
  • Demographic data (such as home ownership status or household income)
  • Energy usage information if available from your utility
  • Details about your home (including dwelling type, size, age and other energy-related equipment in the home such as solar panels or swimming pools)

WEBSITE USAGE AND MEASUREMENT

We may collect additional information as a result of your use of the Site and Service by using certain standard web measurement and tracking technologies such as cookies, web server logs, or other statistics programs to track and record how you use the Site and Service. Usage information helps us measure the success of the Site and the Service and its features or pages and to improve your online experience. Your browser may have an option that allows you to accept cookies, reject cookies, or receive notification when a cookie is sent, but you should note that the use of such restrictive browser settings may limit your use of the Site. We may also use other technology, called clear GIFs, to provide us with other important anonymous information, such as when an email has been opened. We do not use spyware, adware or any other similarly intrusive software.

USE OF INFORMATION WE COLLECT

We may use your information for the following purposes:

  • To operate and improve our Site and Service;
  • To respond to your inquiries and requests in connection with a transaction you initiate;
  • To make personalized recommendations about ways you can conserve energy;
  • To communicate with you about the Site or Service and to respond to any questions or concerns that you may have;
  • For market research, project planning, troubleshooting problems, detecting and protecting against errors, fraud, or other criminal activity;
  • To link or combine with other personal information we receive from third parties, to help understand your needs and provide you with better service;
  • To help us diagnose problems with our Site, server or other technical issues relating to the performance; or
  • Otherwise with your express consent.

We do not sell your personal information to third parties and have no intention of doing so in the future.

THIRD PARTY WEBSITES

From time to time, you may have the option to post updates or badges to other social media sites. If you do so, you will be subject to that website's privacy policy, which may differ significantly from this Privacy Policy. Please review the applicable privacy policy before using that website. We may offer co-branded products or other offerings with verified joint partners or suppliers. In those cases, we may collect additional information from them about delivery addresses or address information that we may use to correct our records or redemption information.

OPTING-OUT

You may receive communications about special offers, activities or programs from Simple Energy related to your energy usage profile. In the event that you choose not to receive any future communications about special offers, activities or programs, you may opt-out by clicking on the link provided at the bottom of each email communication. If you have any further problems, please feel free to contact us via the information listed below.

LOCATION BASED PRIVACY CONCERNS

The Site is operated in the United States. If you are located outside of the United States, please be aware that any contact information you provide to us will be transferred to the United States. By using the Site, Service, and/or providing us with your contact information, you consent to this transfer. If you have concerns about this transfer or want to remove your contact information, please contact us at the email below.

With respect to the collection, preservation and transfer of personal information received from users in the European Union (“EU”) and/or the European Economic Area (“EEA”), we are committed to handling such personal information in accordance with the principles developed by the EU and the United States Department of Commerce to ensure that entities not covered by the European Union’s Directive on Data Protection adhere to privacy principles after receiving personal data and personal information from the EU (including the 15 FAQs that make up the EU Safe Harbor Framework) (“Safe Harbor Principles”). Simple Energy is currently undergoing certification of compliance with the U.S. – E.U. Safe Harbor framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's website at http://www.export.gov/safeharbor/index.asp

CHILDREN’S PRIVACY

Our Site and Service are not directed at children under the age of thirteen and we do not knowingly collect any information from children under thirteen.

LEGAL DISCLOSURE OF YOUR INFORMATION

We may disclose the information we collect from and about you: (1) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of the Site or Service, or anyone else who could be harmed by such activities, and to take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of the Site or Service; (2) to respond to judicial process and provide information to law enforcement agencies in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws; (3) to our business partners for research, analytical and marketing purposes, and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing any request on your behalf, provided, that such business partners are bound by obligations of confidentiality with respect to your information that are at least as restrictive as those imposed upon Simple Energy by this Privacy Policy; (4) to your Utility if we are providing the Service to you on behalf of your Utility, and your Utility’s use of such information shall be subject to your Utility’s own privacy policy and practices, or (5) otherwise with your consent.

We may sell or buy other businesses or entities. In such event, we may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control. In such transactions, your personal information may be included in the transferred business assets. Also, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors rights generally, we may not be able to control how your personal information is treated, transferred, or used and your personal information may be included in the transferred assets.

SECURITY OF YOUR PERSONAL INFORMATION

Simple Energy takes commercially reasonable steps to help protect your personal identifiable information against loss, misuse and unauthorized access, disclosure, alteration and destruction. We are not responsible in the event that any user password is obtained by a third party or for any unlawful activities in connection with this Site. In the event a user believes any password has been obtained without permission by third parties, or if the visitor has other privacy concerns, the user should contact us immediately so the password can be changed or other appropriate steps taken. SIMPLE ENERGY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION.

ACCESS

We make reasonable efforts to allow you to make inquiries about the personal information we collect from you, and when appropriate we allow you access to your personal information for review and updating.

CHANGES AND UPDATES TO THE PRIVACY POLICY

From time to time, we may revise this Privacy Policy. To help you stay current of any changes, we will note the date of the current Privacy Policy above. If you disagree with any terms of the Privacy Policy at any time, your sole remedy is to terminate your use of the Site and Service. Your continued use of the Site and/or Service following an update to the Privacy Policy constitutes your agreement to such update.

MISCELLANEOUS

If Simple Energy, or substantially all of its assets, were acquired, or in the unlikely event that Simple Energy goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer may continue to use your personal information as set forth in this Privacy Policy. If any part of the Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Privacy Policy shall continue in force and effect.

CONTACT US

If you have any concerns or questions about this Privacy Policy or the use of your personal information, please feel free to reach us at Simple Energy, 1215 Spruce Street, Suite 301, Boulder, CO 80302. Email us at policy@simpleenergy.com.