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Copyright Privacy Policy, Security Information

First Choice Power Online Privacy Policy for Consumers

Before we get into all the legal stuff that our lawyers make us include, we'll sum up our privacy policy: We appreciate your trust in us, and we take your privacy seriously. We feel a great responsibility to protect your information - on the Internet and everywhere else. It's part of putting you first, and it's how we believe in doing business. Okay, on with the official stuff.

Our privacy policy applies to private financial information (“non-public personal information”) that has been provided to us by, or that we learned from other sources about, our customers, former customers and individuals who contact us about becoming customers (“you” or “your”). This policy applies not only to transactions you conduct on-line, but also to information you provide us through written files, by telephone, and/or when you send us e-mail. We are providing this statement of our privacy policy to you as required by law.

You can visit our Website(s) without providing us with any personal information about yourself other than your zip code to find out about our products and services and to learn about our companies. “Website” means First Choice Power's primary website located at the Uniform Resource Locator (“URL”), http://www.firstchoicepower.com , all sub-domains and related URLs registered to First Choice Power.

You can also visit our Web security policy (further down this page), which outlines the details of our use of encryption technology and answers questions about our Web security.

Collection and Retention of Non-Public Personal Information

We collect and retain information about you to identify and communicate with you, to provide you with products and services you have requested, to help us respond to your questions, and to inform you about other services that may be of interest to you.

We collect the following types of non-public personal information about you from the following sources:

  • Information we receive from you about your identity, such as your name, address, social security number, and driver's license number
  • Information we receive from our affiliates, vendors, and other partners about your First Choice Power account
  • Information that we receive from you on applications and other forms, such as information about your income and assets
  • Information we receive from consumer reporting agencies, such as your credit history and creditworthiness
  • Information we receive from marketing analysis companies for marketing purposes, such as economic and demographic data

Disclosure of Non-Public Personal Information to Non-Affiliated Third Parties

We may share all of the information we collect about you, as described in the Collection and Retention of Non-Public Personal Information section above, with companies that are not our affiliates in the following circumstances:

  • When those companies are performing marketing services or support services on our behalf necessary to effect, administer, or enforce transactions you have requested or authorized
  • When we have joint marketing agreements with other partners to offer products and services to you. (They are required to maintain the confidentiality of the information.)
  • When required or permitted by applicable law

Disclosure of Non-Public Personal Information in Other Circumstances

We may also disclose non-public personal information about you as necessary to effect, administer, or enforce transactions that you have requested or authorized, or in connection with servicing or processing a product or service you have requested or authorized, or to maintain or service your accounts with us, or as otherwise described below. We normally disclose information:

  • When it is necessary or helpful in completing a transaction
  • To verify the existence and condition of your account for a third party, such as a merchant, another financial institution or a credit reporting agency
  • To an account verification service, in addition to a credit reporting agency, if we close your account due to unsatisfactory handling, fraud, attempted fraud or criminal activity
  • To comply with a law, regulation, legal process or court order which applies to us or to an affiliate
  • When you authorize us to
  • To other companies, financial institutions and networks which may be involved in processing your transactions (They are required to maintain the confidentiality of the information.)
  • To local, state or federal authorities, if we believe a crime may have been committed
  • To paying agencies after the death or incapacity of a recipient or beneficiary of recurring direct deposit payments
  • To our agents and affiliates and to third parties who perform services or functions on our behalf to facilitate the delivery of information related to your accounts or to other services that may be of interest to you
  • In response to requests by regulatory agencies or requests by agents of PNM Resources or its affiliated companies, such as independent auditors, consultants or attorneys

Our Employees' Access to and Use of Customer Information

Each of our employees is required to maintain the confidentiality of non-public customer information. Our policy is to prohibit employees from accessing your personal information unless there is a business reason to do so. Internal access and sharing of information about you within our various service units occurs to evaluate, structure and facilitate the services you have requested or to inform you of other services that may be of interest to you. Employees who violate our policy are subject to disciplinary measures.

Our Security Procedures

We also take other steps to safeguard customer information by maintaining physical, electronic, and procedural safeguards that comply with federal standards to guard your non-public personal information. For more information on our Web banking security, read about our Web security below.

Maintaining the Accuracy of Customer Information

We have procedures to see that customer information is maintained in a commercially reasonable manner so that it is accurate, current, and complete. We also have procedures to see that requests to correct inaccurate or incomplete information are acted upon in a timely manner. We maintain security standards and procedures to help prevent unauthorized access to confidential customer information, and we periodically review, test and update our technology and procedures to improve the security and accuracy of such information. We investigate your inquiries about information received from us (or from a credit bureau reflecting information we have provided) that you believe to be inaccurate and we take steps to correct information we determine to be incorrect.

Disclaimer

While First Choice Power uses commercially reasonable efforts to include accurate and up-to-date information on its Website, First Choice Power makes no warranties or representations as to the accuracy of the information. First Choice Power assumes no liability or responsibility for any errors or omissions in the content of the Website. Changes may be periodically made to the information at any time, without notice.

All information on the First Choice Power Website is provided “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you.

IN NO EVENT SHALL FIRST CHOICE POWER OR ANY OF ITS PARENTS, PARTNERS, AFFILIATES, OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH ANY FIRST CHOICE POWER WEBSITE OR THE USE OR RELIANCE UPON ANY INFORMATION CONTAINED IN OR ACCESSED FROM ANY FIRST CHOICE POWER WEBSITE.

Access Services Liability Disclaimer

THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. FIRST CHOICE POWER, ITS PARENT, PARTNERS, AFFILIATES, AND SUBSIDIARIES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER FIRST CHOICE POWER, ITS PARENT, ITS PARTNERS, NOR SUBSIDIARIES ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THIS WEBSITE OR OTHER INFORMATION ACCESSIBLE FROM THIS WEBSITE. IN NO EVENT SHALL FIRST CHOICE POWER, ITS PARENT, AFFILIATES, PARTNERS, OR SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS SERVER, WEBSITE OR THE INTERNET GENERALLY.

Maintaining Confidentiality in Our Business Relationships with Other Companies

From time to time we contract with other businesses to perform specific services in support of our products. When it is necessary to provide confidential customer information to a third party, we require each business that we select to agree to adhere to the same privacy standards, laws and regulations that apply to us. That is, we require such third parties to agree to safeguard non-public personal information regarding our customers in accordance with our own privacy policies.

Cookies

Solely for the purpose of providing improved service, we will occasionally use a “cookie”. A cookie is a small bit of information given to your browser by a Website, which can later be retrieved. A cookie is a way for a Website to recognize whether or not you have visited the site before. The cookie cannot be read by a Website other than the one that “set” the cookie. We use cookies for administrative purposes, such as online session management, or where you are able to customize the information you see. Recording cookies at such points makes your online experience easier and more personal. Most cookies last only through a single session, or visit. They do not read your hard drive or contain any information that you have not already explicitly revealed. None will contain information that will enable anyone to contact you via telephone or e-mail. Your web browser can be set to inform you when cookies are set or to prevent them from being set. However, if you elect to prevent cookies from being set, some Web functions may not work properly.

First Choice Power does not store encrypted personal information in the form of cookies. We use cookies only for a customer to customize information.

At First Choice Power, we are committed to maintaining the highest possible levels of data security. This dedication drives our efforts to apply the latest technology to constantly improve security; and to conduct frequent tests and updates of our systems and practices. If you have questions about our Security Policy, please contact us.

Children's Privacy

Our Website is directed to a general audience. We do not knowingly solicit or collect personal information from children on our site.

This policy applies to consumers. We reserve the right to make changes to this policy at any time, and will notify you if we do so.

First Choice Power Web Security

At First Choice Power, our team of technical security specialists works toward ensuring that all financial transactions, data transmissions and communications are completed in a secure online environment. To safeguard all financial and personal information, First Choice Power:

  • Requires both a user ID and a password
  • Retains all account data in secure systems
  • Protects all e-mail we received and permits only First Choice Power employees or our authorized agents to access our e-mail.
  • Maintains high standards for employee training, instilling in each employee a respect for client confidentiality

Our systems of record protect all financial and personal information, and are anchored by state-of-the-art security features.

Browser Requirements

To support our secure 128-bit encryption, First Choice Power operates only with 4.0 or higher versions of both Netscape and Microsoft Web browser software. These browsers also prevent any encrypted information from being written onto the user's hard drive, which makes it virtually impossible for an unauthorized user to access First Choice Power customer account data.

Encryption

We use 128-bit encryption, which is the most powerful encryption protection available for Web transactions. Strictly guarded and very difficult to export, 128-bit encryption ensures that information exchanged online can only be read by our special decoding software.

Firewalls

Firewalls have been placed between users and First Choice Power.

Linking To Other Sites:

Please remember that when you use a link to go from www.FirstChoicePower.com to another Website, the www.FirstChoicePower.com site rules and this privacy policy are no longer in effect. Your browsing and interaction on any other Website, including any site that has a link on www.FirstChoicePower.com, is subject to the rules and policies of that site. We encourage you to read the rules and policies of the sites you visit to further understand their procedures for collecting, using, and disclosing personal information.

The First Choice Power Website may contain links to other Websites (“Linked Sites”). The Linked Sites are neither owned by nor under the control of First Choice Power, its parent, subsidiaries, partners, or affiliates. First Choice Power is not responsible for the contents of any Linked Site including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. First Choice Power provides these links as a convenience, and the inclusion of any link does not imply endorsement by First Choice Power, its parent, subsidiaries, partners or affiliates of the site or any association with its operators.

Changes to the www.FirstChoicePower.com Privacy Policy

First Choice Power reserves the right to change, modify or amend this policy at any time. Please also read over the www.FirstChoicePower.com site rules. First Choice Power takes privacy matters very seriously, and intends to stay at the forefront of privacy policy and protection matters. First Choice Power will occasionally update our privacy policy and we will post those updates on this page. You are responsible for revisiting this page to review our privacy policy updates.

Please note that whenever you submit any information to us in connection with any www.FirstChoicePower.com related services, you consent to First Choice Power's processing of this information as necessary to provide the services in which you are participating.

If you have any questions, comments, criticisms, or complaints about the www.FirstChoicePower.com privacy policy and/or the way it affects you, please feel free to e-mail us or write to us at the following address:

Contact Info
Webmaster, e-mail
225 E. John Carpenter Freeway
Irving, Texas 75062

Copyright

The contents of First Choice Power's Website including, but not limited to, text, graphics, and icons, are copyrighted materials that First Choice Power owns or controls. No permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, or modify these materials for a commercial purpose. You may, however, use, copy, and distribute the materials for individual, non-commercial, informational purposes.. All copies you make of the material must bear any copyright, trademark, or other proprietary notice on the Website that pertains to the copied material. Except as authorized in this paragraph, First Choice Power does not grant a license under any copyright, trademark, patent, or other intellectual property right in the materials, products, services, processes, or technology described therein. First Choice Power and/or any third party owner of such rights retain all such rights.

Acceptance and Jurisdiction

By using this site, you agree that you have read, understand and will abide, and be bound, by the terms of this Website (“Terms”). If you do not agree to these Terms, please do not use First Choice Power's Website. These Terms shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof. Courts sitting in the State of Texas, federal and state, shall have exclusive jurisdiction over any dispute arising hereunder.


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