Privacy Policy

Effective Date: October 25, 2023 

Net Energy, LLC and its affiliates (“Net Energy,” “we,” “our,” and/or “us”) respect your privacy. We may collect information about you when you contact us or use Net Energy’s websites or mobile applications, including, but not limited to, www.netenergy.com (collectively, the “Website”). This privacy policy (“Privacy Policy”) describes the types of information we may collect about you and your use of the Website and how we may use, maintain, protect, and disclose that information.

This Privacy Policy applies to information we collect on the Website and through your electronic communications with us. This Privacy Policy does not apply to information collected offline or by any third party, including any links accessible on our Website.

Please read this Privacy Policy carefully to understand our privacy practices. If you do not agree with this Privacy Policy or our Terms of Use, you can choose not to use the Website. By choosing to use the Website you agree to this Privacy Policy and our Terms of Use. We may change this Privacy Policy from time to time and your continued use after we have made changes is deemed an acceptance of those changes.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

You may provide us with information when you register or otherwise communicate with us through the Website, including when you:

  • Submit information to us electronically

  • Create or update an account on the Website

  • Subscribe to email newsletters or updates

  • Apply for a job with us

  • Contact us

We collect information directly from you when you use our Website, which may include:

  • your name, email address, telephone number, business information (such as title and company), employment information (such as a professional license number); 

  • your property information (such as address, size, on-site appliance and HVAC equipment); and 

  • energy usage data, your internet connection, the equipment you use to access our Website, and usage details.

If you decide that you wish to apply for a job with us, you may submit your contact information and your resume online. We will collect the information you choose to provide on your resume, such as your education and employment experience. Do not submit information that you do not want us to have.

When you use our Website, we may infer your general location information and geographic region. We also receive information automatically about the device and software you use to access our Website, including internet protocol (IP) address, web browser type, operating system version, phone carrier and manufacturer, geolocation information, application installations, device identifiers, mobile advertising identifiers, sites you visited before and after using our Website, pages you view and links you click on when using our Website, information collected through cookies, web beacons and other technologies, information about your interactions with email messages, such as the links clicked on and whether the messages were opened or forwarded, and push notification tokens as you navigate through out site. To help us understand how you use our Website and to help us improve them, we automatically receive information about your interactions with our Website, including the pages or other content you view, the searches you conduct, and the dates and times of your visits. Except to the extent required by applicable law, we do not consider usage Information to be personal information. However, usage information may be combined with your personal information. To the extent that we combine usage information with your personal information, we will treat the combined information as personal information under this Privacy Policy.

We also collect the above personal information and usage information from third parties, for example, our business partners.

Further, we may collect information through cookies and other tracking technologies. For more information, please see the Cookies & Other Tools section below.

HOW WE USE INFORMATION

We use information that we collect about you or that you provide to us:

  • To provide, maintain, improve, and enhance our Website;

  • To communicate with you, provide you with updates and other information relating to our Website, provide information that you request, respond to comments and questions, and otherwise provide customer support;

  • For marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable, or otherwise of interest to you;

  • To personalize your experience on our Website such as presenting tailored content;

  • To de-identify and aggregate information collected through the Website and use it for any lawful purpose;

  • To find and prevent fraud, and respond to trust and safety issues that may arise;

  • For compliance purposes, including enforcing our Terms of Use or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and

  • For other purposes for which we provide specific notice at the time the information is collected.

HOW WE SHARE YOUR INFORMATION

Net Energy may share your information with third parties, including:

We may retain other companies and individuals to perform services for us, and we may collaborate with other companies and individuals with respect to particular products or services (collectively, “Providers”). In doing so, we may share information with these Providers and/or these Providers may collect and process your information. Examples of Providers include data analysis firms (e.g. Google Analytics), customer service and support providers, and internet service companies.

We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/ and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Website.

We may disclose and transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company, or we sell, liquidate, or transfer all or a portion of our business or assets.

We may also disclose information from or about you or your devices with your consent.

YOUR CHOICES

You can unsubscribe from our promotional emails via the unsubscribe link provided in the emails. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us. 

You can block cookies by setting your internet browser to block some or all cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website. By using our Website, you consent to our use of cookies and our processing of information collected through such cookies, in accordance with this Privacy Policy. You can withdraw your consent at any time by deleting placed cookies and disabling cookies in your browser, or as explained below. You can change your browser settings to block or notify you when you receive a cookie, delete cookies or browse our Website using your browser’s anonymous usage setting. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings. If you do not agree to our use of cookies or similar technologies which store information on your device, you should change your browser settings accordingly. You should understand that some features of our Website may not function properly if you do not accept cookies or these technologies. Where required by applicable law, you will be asked to consent to certain cookies and similar technologies before we use or install them on your computer or other device.

SECURITY

We take reasonable administrative, physical, and technological measures to protect your information by using physical and electronic safeguards designed to improve the confidentiality, security, and privacy of the information we maintain. However, as our Website is hosted electronically, and no website is completely secure or hacker proof, we can make no guarantees as to the security or privacy of your information and no guarantees that your information will not be lost, disclosed, or misued by accident or by the unauthorized acts of others.

COOKIES & OTHER TOOLS

In addition to information you may provide directly to us, Net Energy and its business partners may automatically collect and store information about you and your use of the Website through cookies, tracking pixels, and other technologies (collectively, “Tools”). Cookies are small text files that are stored by your browser on your computer’s hard drive. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Website. Our Website may use HTTP cookies, HTML5 cookies, Flash cookies and other types of local storage (such as browser-based or plugin-based local storage). Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Manager. Please note, however, that without cookies you may not be able to use all of the features of our Site.

Below is an overview of the types of cookies we and third parties may use to collect information.

Some cookies are strictly necessary to make our Website available to you. We cannot provide you with our Website without this type of cookies. 

We also use cookies for website analytics purposes in order to operate, maintain and improve our Website. We may use our own analytics cookies or use third-party analytics providers such as Google. These providers may also collect information about your use of other websites, apps, and online resources. 

Please review your web browser’s “Help” function to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Website, you may not be able to utilize the features of the Website to their fullest potential. To learn more about cookies and similar tracking technologies, and how they can affect your privacy, visit allaboutcookies.org.

DO NOT TRACK DISCLOSURES

Do Not Track (“DNT”) is a privacy preference that users can set in their web browsers. When a user turns on DNT, the browser sends a message to websites requesting that they don’t track the user. Currently, there is no standardized way to respond to such signals, and we do not respond to such signals at this time. For information about DNT, visit www.allaboutdnt.org.

OTHER WEBSITES

Our Website may contain links to websites of third parties who: (1) are not affiliated with us; (2) are outside our control; or (3) are not covered by this Privacy Policy (“Third-Party Websites”). Links provided to Third-Party Websites on our Website are provided to you only as a convenience, and the inclusion of any link does not imply reliability or endorsement by us of the content of any such Third-Party Websites. We are not responsible for the privacy practices of Third-Party Websites, which may collect and use information from you in a manner different than how we do so; accordingly, the use of such Third-Party Websites is entirely at your own risk. For relevant information, you should review the privacy statements or policies of any Third-Party Websites before using them. Other parties may collect information about your online activities over time and across different websites when you use our Website.

RETENTION 

We take measures to delete your information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period.  When we process information for our own purposes, we determine the retention period taking into account various criteria, such as the type of services provided to you, the nature and length of our relationship with you, possible re-enrollment with our services, the impact on the services we provide to you if we delete some information from or about you, and mandatory retention periods provided by law and the statute of limitations.

We retain personal information after we cease providing the Website to you for the purpose of fraud monitoring, detection and prevention. We also retain personal information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

CHANGES TO THIS POLICY

We will post any changes to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share information previously collected from you through the Website, we will notify you through the Website, by email, or other communication.

CONTACT US

If you have questions or concerns about this Privacy Policy or our privacy practices, please contact us at:

970 Yuma Street

Denver, CO, 80204

legal@netenergy.com

California Resident Privacy Notice     

We comply with the California Consumer Privacy Act (“CCPA”). If you are a resident of California you have following additional rights available to you, including: 

  • The right to access your personal information;

  • The right to obtain your personal information in a portable format;

  • The right to have your personal information deleted from our databases; and

  • The right to refuse us the right to sell your personal information;

This California Resident Privacy Notice supplements the information and disclosures contained in our Privacy Policy. It applies to individuals residing in California from whom we collect Personal Information as a business under the CCPA.

Personal Information Collection, Disclosure, and Sale

For the purposes of this notice, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”).

Personal Information does not include information that is:

  • Lawfully made available from government records.

  • Deidentified or aggregated.

  • Otherwise excluded from the scope of the CCPA.

The chart below provides the categories of Personal Information (as defined by the CCPA) we have collected, disclosed for a business purpose, or sold in the preceding twelve months since this notice was last updated. The examples of Personal Information provided for each category reflect each category’s statutory definition and may not reflect all of the specific types of Personal Information associated with each category. 

Category We Collect We Disclose
A. Identifiers Examples: Name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. Yes Yes
B. Categories of Personal Information in Cal. Civ. Code Section 1798.80(e)Examples: Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Yes Yes
C. Characteristics of Protected Classifications under California or Federal Law Examples: Race or color, ancestry or national origin, religion or creed, age (over 40), mental or physical disability, sex (including gender and pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity or expression, medical condition, genetic information, marital status, military and veteran status. No No
D. Commercial InformationExamples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. No No
E. Biometric Information Examples: Physiological, biological, or behavioral characteristics, including DNA, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity, such as imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. No No
F. Internet or Other Electronic Network Activity Information Examples: Browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement. Yes Yes
G. Geolocation Data Example: Precise physical location. No No
H. Sensory Information Examples: Audio, electronic, visual, thermal, olfactory, or similar information. No No
I. Professional or Employment-Related InformationExamples: Job application or resume information, past and current job history, and job performance information. Yes Yes
J. Non-Public Education Information (as defined in 20 U.S.C. 1232g; 34 C.F.R. Part 99)Examples: Records that are directly related to a student maintained by an educational agency or institution or by a party acting for the agency or institution. No No
K. Inferences Drawn from Personal InformationExamples: Consumer profiles reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Yes Yes

Use of Personal Information 

We collect, use, and disclose your Personal Information in accordance with the specific business and commercial purposes below:

  • Providing Website: Providing our services.

  • Communicating: Communicating with you, providing you with updates and other information relating to our services and products, providing information that you request, responding to comments and questions, and otherwise providing customer support.

  • Marketing: Marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable, or otherwise of interest to you.

  • Personalization: Personalizing your experience on our services, such as presenting tailored content.

  • Facilitating Payments: Facilitating transactions and payments.

  • Deidentification and Aggregation: Deidentifying and aggregating information collected through our services and using it for lawful purposes.

  • Job Applications: Processing your job application. 

  • Safety Issues: Responding to trust and safety issues that may arise.

  • Compliance: For compliance purposes, including enforcing our Terms of Use or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.

  • Fraud and Incident Prevention: Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

  • Debugging: Debugging to identify and repair errors that impair existing intended functionality.

  • Transient Use: Short-term, transient use.

  • Contracting Vendors: Contracting with vendors and service providers to perform services on our behalf or on their behalf, 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 analytics services, or providing similar services on behalf of the business or service provider.

  • Research: Undertaking internal research for technological development and demonstration.

  • Improving Our Website: Undertaking activities to verify or maintain the quality or safety of our services, and to improve, upgrade, or enhance our services.

  • Enabling Transactions: Otherwise enabling or effecting, directly or indirectly, a commercial transaction.

  • Notified Purpose: For other purposes for which we provide specific notice at the time the information is collected.

Collection of Personal Information 

In the preceding twelve months since this notice was last updated, we have collected Personal Information from the following categories of sources: 

  • You/Your Devices: You or your devices directly.

  • Affiliates.

  • Advertising Networks.

  • Analytics Providers.

  • Partners: Business partners.

  • Public: Publicly accessible sources.

Disclosure of Personal Information 

In the preceding twelve months since this notice was last updated, we disclosed your Personal Information to the following categories of third parties:

  • Analytics Providers.

    • Personal Information we share: Identifiers and Internet or Other Electronic Network Activity Information.

  • Vendors: Vendors and service providers.

    • Personal Information we share: Identifiers, Categories of Personal Information in Cal. Civ. Code Section 1798.80(e),       Internet or Other Electronic Network Activity Information,      and Professional or Employment-Related Information, and Inferences Drawn from Personal Information.               

Your California Privacy Rights 

If you are a California resident, you may exercise the following rights.

Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, or disclosed by us; (2) purposes for which categories of Personal Information are collected or sold by us; (3) categories of sources from which we collect Personal Information; (4) categories of third parties with whom we disclosed or sold Personal Information; and (5) specific pieces of Personal Information we have collected about you during the past twelve months (also called a data portability request). If we sold or disclosed your Personal Information for a business purpose, we will provide you with two separate lists disclosing such sales or disclosures, identifying the Personal Information categories that each category of recipient purchased or otherwise obtained.

Right to Delete. Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you. An exception to your request may apply if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  • Debug products to identify and repair errors that impair existing intended.

  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 etc.).

  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  • Comply with a legal obligation.

  • Make other internal and lawful uses of that information that are compatible with the context in which you provided Personal Information.

Verification. Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period.To verify your access or deletion request, you must provide us with: (a) your full name, email address, and phone number; and (b) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.  We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to Opt Out. In some circumstances, you may opt out of the sale of your Personal Information. We do not sell your Personal Information.

Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations. Unless permitted by the CCPA, we will not:

  • Deny you goods or Website.

  • Charge you different prices or rates for goods or Website.

  • Provide you a different level or quality of goods or Website.

  • Suggest that you may receive a different price or rate for goods or Website or a different level or quality of goods.

 However, we may offer and you may consent to receive certain incentives permitted by the CCPA. Any CCPA-permitted incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. You may revoke your consent to participate or receive such financial incentive at any time. 

Shine the Light. We do not rent, sell, or share Personal Information with nonaffiliated companies for their direct marketing uses as contemplated by California’s “Shine the Light” law (Civil Code § 1798.83), unless we have your permission.

Submit Requests. To exercise your rights under the CCPA, please send an email to legal@netenergy.com, or visit our website.

Authorizing an Agent. If you are acting as an authorized agent, to make a request to know or delete on behalf of a California resident, please send a written authorization signed by the resident to us via the email or postal address provided in the Contact Information section below. We may also require the resident to verify their identity or confirm that they provided you permission to submit the request.

Contact Information

If you have any questions, comments, or concerns about this notice or our processing activities please email us at legal@netenergy.com or write to us at:

970 Yuma Street, Denver, CO, 80204.