Effective: December 2023
Last modified: Dec. 06, 2023
2. What personal information do we process?
We do not typically collect personal information when you only access the public areas of the Website. But we collect and store certain personal information that you provide when you open a Customer account, complete forms on our Website, place an order for products, or communicate with us.
The types of personal information we collect and process typically fall into the following categories:
- Identity information — first name, last name, account username and password.
- Contact information — billing address, delivery address, email address, and telephone number.
- Financial data — bank account number, wire information, and payment card details.
- Transactional data — details about orders you have placed or inquiries you have made, details about payments received from you, and information about the products or services you have ordered from us.
- Marketing and communications information — Any requests for information received from you, and information on your marketing or communication preferences.
- Usage information — details regarding when and how you use our Website, products, or services.
We use these types of information to perform our contracts or agreements with you, to comply with our legal obligations, as necessary for our legitimate interests, or pursuant to your consent.
If you fail to provide the personal information requested, we may not be able to perform our contract or agreement with you, provide you with the products or services requested, inform you about products or services that may be of interest, and ensure that our Website, goods, and services meet our customers’ needs. In this case, we may have to cancel a product or service and may be unable to provide you with requested information
3. What other types of information do we process?
In addition to cookies, we collect and store IP addresses, alphanumeric IDs and other identifiers in order to identify specific computers which access our Website. We may also store details of your browser, operating system, and other applicable software or standards.
Our iOS, Android, and other “apps” may use a services in order to collect statistical data about your usage of our applications, without infringing your privacy rights. The types of non-personal data we may collect and use include, but are not limited to: (i) Media Access Control (“MAC”) address (as an anonymous unique device ID); (ii) User ID (as an anonymous unique user ID); (iii) Crash or error reports; (iv) device type; (v) language; (vi) OS version; (vii) SDK version; (viii) device model; (ix) display type; and (x) country. This data is used to improve the services offered to you. ESI is not responsible for any use by us of any data about you. You can opt out at any time by canceling your Account with our Website or contacting us by email (see below).
4. What happens to the information provided/collected?
The information we collect from you may be used for the following purposes:
- a) To provide our customer support service, and to verify, any claims or requests you make if you use our customer support service.
- b) To enforce our Terms of Service, and prevent or detect hacking activities, security breaches, or safety risks in connection with our Website and/or other services.
- c) To send service announcements and messages.
- d) To aggregate information to generate anonymous statistics regarding use of our Website. We may share this anonymous information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
- e) For our own internal marketing purposes and to help us improve our Website.
- f) To fulfill product orders.
- g) To process payment transactions.
- h) To customize the advertising and content that you see on our websites.
- i) To contact you for feedback and surveys.
- j) For helping you manage your account and your preferences.
- k) To identify and protect against fraudulent transactions and other misuses of our applications.
- l) To enforce our Terms of Service.
- m) To disclose information to the extent required by law or court order, as requested by other government regulatory or law enforcement authority, to protect or assist in protecting our users, systems, or the public, or to otherwise enforce legal rights as determined in our sole discretion.
- n) To send you email newsletters about our products, including new product features and special offers (provided you have agreed to receive this).
5. Do we share or disclose your information?
In certain circumstances, yes. We may supply your personal information to external third parties who provide necessary services for our business, but only for the purpose of those services. For example, we share information about your payment accounts to our third-party payment processors in order to complete product orders.
Likewise, if you have agreed on our Website, we may provide your email address to our business partners so that they can send you emails with details of goods or services which may be of interest to you, including information about special offers or promotions.
We may share your information with third parties to the extent necessary for us to comply with legal requirements, prevent fraud, and protect the safety of our users. We may also share your information in the event of an actual or proposed (including as part of negotiations for any) merger, or business combination or sale of substantially all of our assets, or a business operation to which such information relates, or as provided under bankruptcy or applicable insolvency laws.
6. How do we safeguard your personal information?
Protecting your data is important to us and we have put in place security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We only collect personal information to the extent we believe it reasonably necessary to serve our legitimate business purposes. We protect it using the same level of safeguards we use to ensure the security, integrity, and privacy of our own equivalent proprietary information. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know such data. We take reasonable steps to ensure that third parties to whom we transfer personal information will only process your personal data on our instructions and they are subject to a duty of confidentiality.
Note that while we strive to protect all the personal information which we collect, we cannot guarantee that such breaches will not happen in relation to this Website. Should we discover a material data breach that may compromise your personal information, we will inform you as soon as practicable.
7. Can you review, correct, or delete information from our records?
If, for data protection purposes, you are concerned that the personal information which we hold about you is not correct, or should you wish to have your personal information removed from our records, please write to us at our registered office (see below) or email us at firstname.lastname@example.org explaining the personal information which you wish to be deleted, modified, or removed. This is normally a free service, unless this process proves to be unduly difficult and takes more time, clearly unfounded, repetitive, or excessive, in which case we may charge a reasonable fee or decline to respond.
Once we have received your request, we will review it and contact you within 30 days of our receipt of your request, unless your request is complex or you have made a large number of requests, in which case we will notify you of any delay and will, in any event, reply within three (3) months.
8. Can you modify your choices regarding personal information?
At any time, you can change choices you have previously made as to use of your personal information. You may choose:
- a) Not to provide personal information, although that may result in your inability to obtain certain services or use certain features of the Website.
- b) To stop receiving promotional emails or newsletters from us by sending an email to the contact address at the bottom of this policy.
- c) To delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our Website may not function properly.
- d) To review and update your personal information by contacting us at the email address below or, if you have a user account, by logging into that account.
9. Your Account Information and Password
Where we have given you (or where you have chosen) account information or a password as part of our security measures which enables you to access certain parts of our Website, your account, and or your ESI BAM Microgrid control system, you are responsible for keeping these confidential.
We ask you not to share such account information or passwords with anyone and remember to log out when you are not using our Website to prevent unauthorized access.
10. International transfers
Energy Security Inc. is headquartered in California and necessarily processes your information on its servers in the United States. If your information was collected outside the United States, it may be necessary to transfer your information to the United States for processing in order to provide you with requested products and services. You understand and agree that information you provide may be sent to and processed by Energy Security Inc. in the United States. The data protection laws in the United States may not be the same as the data protection laws in your home country.
We may transfer your information to some of our third-party providers located in the United States or other countries. We do our best to ensure a similar degree of security by ensuring that contracts, code of conduct, or certification are in place which give your personal data the same level of protection.
11. California residents’ rights
If you are a resident of California, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- a) The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- b) The names and addresses of the third parties that received that information
- c) If the nature of the third party’s business cannot be determined from their name or examples of the products or services marketed, we may provide this information in a standardized format that is not specific to you. The designated email address for these requests is email@example.com
12. Data Retention
We will only keep your personal data for as long as is necessary to fulfill the purposes for which we collected it. We may retain your data to satisfy any legal, accounting, or reporting requirements. For example, we need to keep certain information about you for six (6) years after you cease to be a client for tax purposes.
14. Data Security
We have put in place procedures to deal with any suspected personal data breaches and will notify you and any applicable regulator of a breach where we are legally required to do so.
We may anonymize your personal data (so that you can no longer be identified from such data) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
15. How to contact us
Energy Security Inc., PO Box 967, Los Gatos CA USA 95031