Direct Energy, LP and/or its affiliates ("Direct Energy", "us", "we", or "our") operates and controls this website, and any other websites, mobile sites, contests, promotions, events, sweepstakes, applications, widgets and other content and services that link to this Policy as well as the activities of our United States affiliates' websites (collectively, "Site").
This Policy applies to all visitors to our Site, our customers, and any others who access or use our products and services.
WHEN YOU ACCESS OUR SITE, YOU AGREE TO THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, YOU SHOULD DISCONTINUE ACCESSING OUR SITE AND CEASE USING OUR SERVICES.
I. Information We Collect
We typically collect two kinds of information: A. information that you voluntarily provide when you visit our Site that may, by itself or in conjunction with other information, be used to personally identify you or others that you voluntarily refer to us or provide information about as described below ( "PII"), and B. information that does not personally identify you or others ("Non-Personally Identifiable Information"), that we automatically collect and store when you visit our Site as described below.
A. Personal Information: Personal Information includes any information that, by itself or in conjunction with other information, may be used to specifically identify or contact you or others you voluntarily refer to us, such as:
- Contact and identification information, such as name, physical address, telephone number, e-mail address, date and place of birth, and driver's license number;
- Credit and financial information such as billing and credit history or payment history, and employment and income information; and/or
- Customer relationship information, such as customer service requests that can be used to identify you or contains your personal information.
If you access or log-in to our Site through a social media service or another website, app, service or log-in ("Other Service"), the information we collect may also include your user ID and/or user name associated with that Other Service, any information or content you have permitted the Other Service to share with us, such as your profile picture, email address or friends' lists, and any information you have made public in connection with that Other Service (collectively, "Social Media Content"). When you access our Site through Other Services, you are authorizing us to collect, store, and use any and all Social Media Content in accordance with this Policy. We may also share information that we collect about you with Other Services with whom we partner with or advertise on.
We do not automatically collect your PII unless and until you have voluntarily shared it with us directly or via use of Other Services. We do not consider the name, title, business address or telephone number of an employee of an organization when used for business communications to be PII. This Policy does not apply to information about our business customers that are not natural persons.
B. Non-Personally Identifiable Information: Whenever you use a website, mobile application, or other internet service, certain information is created and retained by the website or application. This happens with our Site as well. We collect non-personally identifiable information that does not personally identify you when you use our Site and may also collect information that has been made anonymous by our third party service providers, such as:
Log data: Our servers automatically record information when you use our Site, such as your IP address, the type of browser you are using and its settings, the third party website you visited immediately prior to accessing our Site, the operating system you are using, the domain name of your Internet service provider, the search terms you use on our Site, the specific Site pages you visit, type of product selected, site brand, order and product identifications, and the duration of your visits.
Cookie Data and Tracking Technology Data: Like many Sites, we use, and allow certain trusted third party business service providers to use, "cookies" and other tracking technologies (such as web beacons, pixel tabs, etc.) to obtain certain types of information when your web browser accesses our Site or to transfer pieces of information to the hard drive of a user's device enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as a frequent user of our Site. We, and allow certain trusted third party business service providers to, utilize these types of tracking technologies to determine the correlation between Direct Energy customers and/or potential customers and the online sites they visit or for other analytic or marketing purposes. For example, some of the information we collect and analyze from these types of tracking technologies include your activity on our Site, including the URL you come from and go to next (whether this URL is on our Site or not). Some of the cookies and tracking technologies we use are associated with your account with us (including PII), and others are not. We may use "session cookies" (cookies that last until you close your browser) or "persistent cookies" (cookies that last until you or your browser delete them).
Market Data: We may also collect market-related information to permit us to monitor market trends and activities impacting our business. This information may include marketing channels, distribution utility account/meter identification number, Site brands and product names, contract terms, financial information and other information.
II. OPTING OUT
If you do not wish to participate in interest based advertising via third party advertising networks as described below, or to opt out of the use of certain tracking technologies, go to:
and follow the simple opt-out process. A couple of important notes about this opt-out tool: (1) it includes all the advertising networks that we may work with, but also many that we do not work with; and (2) it may rely on cookies to ensure that a given advertising network does not collect information about you ("Opt-out Cookies"). Therefore, if you use or buy new computer equipment, change web browser or delete these Opt-out Cookies, you may need to perform the opt-out task again.
III. How We Use Information We Collect
A. PII: Direct Energy uses PII it collects to allow us to provide the products and services you have chosen, and to manage and develop our business and operations, including:
- Establishing, managing and terminating business relations with you;
- Reviewing the products and services that we provide to you;
- Obtaining credit approval;
- Informing you of our products and services other than those that you have specifically requested;
- Informing you of products and services carefully selected third parties may wish to offer you;
- Responding to your comments or requests for information;
- Protecting us against error, fraud, theft and damage to our goods and property;
- Enabling us to comply with applicable law or regulatory requirements; and
- Any other reasonable business purpose to which you consent.
Direct Energy reserves the right to share your PII with third parties or to use your IP address, device or server to identify you if we believe such action is necessary in order to (1) conform with the requirements of the law or to comply with legal process served upon us; (2) protect or defend our legal rights or property or our users; or (3) investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or violations of the terms and conditions of using this site.
From time to time, we may also use your PII (or the PII of others you submit to us) to enable you (and/or the other person) to participate in programs such as Refer-A-Friend promotions, general promotions, sweepstakes, contests, games, special events, blogs and chats ("Program(s)"). Sometimes Programs are made available through joint efforts with an affiliated or unaffiliated business or service provider.
If you choose to participate, we may use the information you provide in connection with your account and/or with the Programs for selection and notification of sweepstakes or contest winners, as well as for marketing purposes. If you are a potential winner of a sweepstakes or contest, we may require you to disclose your social security number, tax identification number, and/or resident alien number to comply with applicable law and other documentation necessary to identify you as a potential winner.
B. Non-Personally Identifiable Information: We use your Non-Personally Identifiable Information in a variety of ways, including to help analyze Site traffic, understand customer needs and trends, and to improve our products and services as well as marketing purposes, such as carrying out targeted promotional activities and interest based advertising (as described below). We may use Non-Personally Identifiable Information by itself or aggregate it with information we have obtained from others. We may share your Non-Personally Identifiable Information with our affiliates and other third parties to achieve legitimate business and marketing objectives.
C. Interest Based Advertising: We and our third-party service providers, such as third party advertising networks, advertising exchanges, website analysis firms, etc., may use the information you provide to us, information we and our third-party service providers collect about your use of our Site, and information that our third-party service providers collect from your use of other websites and services through tracking technologies described above to assist us in delivering you relevant ads when you visit our Site or Other Services or to provide us with business analytics. We and our third-party service providers may also supplement the information we collect with information obtained from other sources, such as information that is publicly available (e.g. social media services, forums, etc.), commercially available sources, etc.
For more information on how this type of advertising works, go to http://www.aboutads.info/principles.
D. Email and App Communications: If you send us an email with questions or comments, we may use your email address to respond to your questions or comments, and we may save your questions or comments for future reference. We may email you when you request a particular service or sign up for a feature that involves email communications; or if it relates to purchases you have made with us (e.g., product updates, customer support, etc.) or if we are sending you information about our other products and services; or if you consented to being contacted by email for a particular purpose.
Unsubscribe: You may unsubscribe from receiving future commercial email communications from us by clicking the "unsubscribe" link included at the bottom of any marketing emails we send, or by emailing us as provided in the "Contact Us" section below. However, we reserve the right to send you transactional or informational emails such as customer service communications in connection with the products you have purchased or changes to this site or policies. For security reasons, we do not recommend that you send or other sensitive information, such as passwords, social security numbers, bank account information or, credit card numbers, to us by email.>
Push Notifications: If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.
How And When We Share Information
A. Your consent: By using our products and services, you consent to our sharing your PII and your Non-Personally Identifiable Information with third parties and our affiliates as necessary to fulfill your order or to perform the services you have requested we perform or for legitimate business or marketing purposes.
B. Third Party Providers: We may employ third parties to process PII or your Non-Personally Identifiable Information on our behalf for the installation of new software or for security testing of our systems based on our instructions and in compliance with this Policy.
We may also share your PII and Non-Personally Identifiable Information with third parties, including our affiliates, or with employees, contractors, consultants and other parties (including other members of the Direct Energy family of companies) who require the information to assist us to establish, maintain and manage our business relationship with you, including for marketing purposes or contacting you regarding our Programs. We may share your email contact information with our partners to assist with marketing our products and services. Also, as described above, we may share your information with third parties for Interest Based Advertising purposes.
We require our third party service providers to enter into contractual agreements, which prohibits these third party service providers from further disclosing or using your information other than to carry out the purposes for which the information was disclosed by us to such third party service providers. These companies are in no way authorized to sell, rent, or trade your PII. While there are such contractual obligations in place, we cannot and do not guarantee that a third party will not breach its contractual obligation and use your PII in a way contrary to this Policy.
C. Transfer of Assets: As we continue to develop our business, we may sell or purchase assets. If another entity acquires any of our assets or stock, the PII and Non-Personally Identifiable Information we have about you or any person may be transferred to and used by this acquiring entity. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties to the extent permitted by applicable law.
D. Legal Necessity: Notwithstanding anything herein to the contrary, we reserve the right to disclose any PII or Non-Personally Identifiable Information about you or any person if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (1) fulfill a government request; (2) conform with the requirements of the law or legal process; (3) protect or defend our legal rights or property, or our Site; or (4) in an emergency to protect the health and safety of our Site's users or the general public. WE WILL NOT BE RESPONSIBLE FOR ANY HARM THAT YOU OR ANY PERSON MAY SUFFER AS A RESULT OF A BREACH OF CONFIDENTIALITY IN RESPECT TO YOUR USE OF THIS SITE OR ANY INFORMATION YOU TRANSMIT TO US VIA THIS SITE.
V. What Choices Do You Have About Our Use Of Your Information?
Our goal is to provide you with simple and meaningful choices about how your information is used. If you are a customer, you control your choices by your selections of our product and services.
A. Accuracy of PII: It is important that the PII Direct Energy holds about you is accurate and current. Direct Energy requires you to keep us informed of changes to any PII.
B. Accessing Your PII: If you want to know what PII Direct Energy holds about you or wish to change PII that is inaccurate or out of date, please contact us as described below. It may not always be possible to completely remove or modify information in our databases, although we will make reasonable efforts to do so upon your request. We do not control how our partners retain, store and destroy data they have accessed in connection with assisting with providing our services. You should check their websites for more information on their practices.
C. Do Not Track Disclosures: Certain browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for preference based advertising purposes ("DNT Notice"). Some browsers are, by default, set to provide a DNT Notice, whether or not that reflects your preference. Providing DNT Notice is often touted as a means to ensure that cookies, web beacons and similar technology are not used for preference based advertising purposes – that is, to restrict the collection of information your online activities for advertising purposes. Unfortunately, given how interest based advertising works, DNT Notices may not effectively accomplish this goal. For this and a variety of other reasons, with respect to our Site, we do not take any particular action based on browser based DNT Notices. However, we do not use third-party advertisers or engage in behavioral marketing data collection for resale. Rather, if you do not wish to participate in preference based advertising activities, you should follow the simple opt-out process identified above in Section II "Opting Out" above.
VI. Your California Privacy Rights
You may learn more about your rights under California's privacy laws at oag.ca.gov/privacy/privacy-laws.
VII. Safeguarding PII
Data Security: Direct Energy processes information on our servers located in the United States and in Canada; therefore your PII may be processed on a server located outside of the country where you live. Direct Energy has implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the PII under our control. However, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure; therefore, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and you do so at your own risk. We are not responsible for the theft, destruction, or inadvertent disclosure of your PII. In the unfortunate event that your information is compromised, we may notify you by e-mail to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances. We may delay notification as necessary while we take measures to determine the scope of the breach and restore reasonable integrity to our system as well as for the legitimate needs of law enforcement. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
VIII. Privacy of Children's Information
This site is not directed to children. We do not sell products or services for purchase by children under the age of 13. We do not knowingly collect PII from children. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed PII to us please Contact Us. A parent or guardian of a child under the age of 13 may review and request deletion of such child's PII as well as prohibit the use of that information. We understand that children need special safeguards and privacy protection. We realize that they may not understand all the provisions of our Policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We encourage parents to monitor their children's use of the internet.
IX. Linked Sites
This Policy does not apply to your use of non-Direct Energy websites to which this Site is linked, such as Mr. Sparky®, Air Tran®, One Hour Heating and Air Conditioning®, Benjamin Franklin Plumbing®, and Home Comfort Collection™ nor does this Policy apply to Other Services or third party websites. Direct Energy is not responsible for the information practices or the content on such linked sites. We have no liability or responsibility for those sites or their own policies/practices. We recommend that you carefully read the policies, including terms and conditions of use, of each site you visit.
X. Sole Statement
XI. Contacting Us
To get more information about our Policy or if you wish to (1) you have questions or comments about our Policy; (2) wish to make corrections to any personally identifiable information you have provided; (3) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (4) wish to withdraw your consent to sharing your PII with others (or the PII of others you voluntarily submitted to us), contact us as follows:
c/o Compliance Department
12 Greenway Plaza Suite 250
Houston, TX 77046
Direct Energy may from time to time make changes to this Policy to reflect changes in legal or regulatory obligations or changes in the manner in which we deal with PII. We will post any revised version of this Policy on our website. Any changes will be effective on the effective date stated in the revised Policy. If there are significant changes we may provide more prominent notice or obtain your consent as required by law. If you do not wish to accept the changes, you should cease using this site. Your continued use of this site after we have posted a revised Policy indicates your agreement to the revisions.
This Policy does not create or confer on any individual or on Direct Energy any rights, or impose on Direct Energy any obligations beyond any rights conferred or obligations imposed by applicable law .
This Policy was last updated on April 13, 2015