Freepoint Energy Solutions LLC Privacy Notice

Effective as of October 1, 2021

This Privacy Policy applies to the use of products, services, promotions and applications (individually, an “Application” and collectively, the “Applications”) used throughout this website, www.freepointsolutions.com (the “Website”).

This Privacy Policy explains how Freepoint Energy Solutions LLC (“Freepoint Solutions”, “we”, “our” or “us”) collects, stores, uses and shares personal information in the course of our business activities. Please note that certain Applications may be subject to different privacy practices. In those cases, we will display a different notice or terms and conditions that apply to those Applications.

By using the Website, you agree with our Privacy Policy and the Website’s Terms of Use. If you do not agree with our Privacy Policy and our Terms of Use, please do not use our Website and do not submit any personal or business information.

HOW WE COLLECT INFORMATION

We collect information from you when you visit or navigate through this Website, when you sign up for our services and/or products and when you access or use our applications. We may also collect information about you from third parties or publicly available sources.

We also collect information from and/or about you if you become a customer, if you are a current, ex, or prospective employee, intern or contractor, or represent a trading partner, third party vendor or service provider of the Freepoint Solutions or one of our affiliates.

We may also monitor and record any communications we have with you (e.g. telephonic conversations and/or e-mail exchanges) for staff training purposes and/or for legal and regulatory compliance purposes.

WHAT INFORMATION WE COLLECT

Depending on your use of the Website, we may collect personal information (i.e. information which by itself or in conjunction with other information may be used to specifically identify an individual) that you provide to us voluntarily. Such personal information may include: your name, physical address, date and place of birth, government issued identification number such as social security number, credit card number or driver’s license number, employment and income information. In addition to this, we may also collect your telephone number and e-mail address, credit and financial information such as billing, credit or payment history, utility account numbers, usage history and other information about your energy usage and patterns, your user ID or user name associated with an interactive feature of our Website (e.g. online enrollment application or payment portal).

If you are a current, ex, or prospective employee, intern or contractor, we may also collect staff related data such as identification information (name, address, date of birth, etc.) and employment related data such as title, location, salary, employment history, leave information, etc.

If you are a representative of a trading partner, third party vendor or service provider, we may collect onboarding information such as proof of identity to satisfy our Know Your Customer or other legal, regulatory, or due diligence requirements and contact details to enable us to satisfy legal, communication or contractual requirements.

From time to time, we may ask you to participate in on-line surveys. If you choose to complete the survey, we will gather information about your opinions, interests, size of your business or household, age, gender or other demographic information. This information will help us improve our services and also tailor our Website and/or marketing efforts to better meet your interests and preferences.

We may run contests, sweepstakes and other promotions (collectively, the “Promotions”). We may ask you to provide personal information that is needed in order to administer such Promotions and to contact you if you win. We may also use this information for other marketing purposes such as sending you information about products and services that may interest you.

Like most major websites, we also collect certain information when you visit the Website such as date and time when you visited our Website, the duration of your visit, the pages you visited, the services or products you selected, the operating system you are using, your IP address and internet service provider, browser type and settings, and the referring website (i.e. the website you visited prior to accessing our Website) (collectively, “Browsing Information”). We may combine such Browsing Information with personal information you have previously provided or use it on an aggregated and de-identified basis. We may also use the Browsing Information to assist customers or trading partners with technical problems, to maintain the Website, to improve its functionalities or design new ones.

We collect this Browsing Information through “cookies” or other tracking technologies as explained in the Web Tracking section below.

HOW WE USE THE INFORMATION WE COLLECT

In addition to any other uses specified elsewhere in this Privacy Policy, we will primarily use the information we collect as follows:

• Contact you in order to respond to comments, requests for information or in connection with customer service inquiries or matters;
• Fulfill your service or contract-related requests;
• Confirm and verify your customer enrollment status;
• For credit approval processes;
• Administer Promotions in which you choose to participate;
• Customize our Website for you or other users;
• Contact you about Freepoint Solutions’ services/products or those of our affiliates or other third parties;
• Conduct “send to friend/relative” or other referral type campaigns;
• Conduct data analysis, develop new products and marketing campaigns, monitoring and identifying usage trends;
• Secure the Website to prevent fraud, theft and protect our legal rights or property and that of our customers;
• Comply with legal and regulatory requirements or legal process served upon us.

We may also enhance or combine your data with data obtained from third parties or publicly available sources for the same purposes.

HOW WE MAY SHARE THE INFORMATION WE COLLECT

We may share information about you with our affiliates, contractors, consultants and other third parties we have agreements with and with any Promotions-related partner. As allowed by the applicable law, we may share information about you to affiliated or non-affiliated businesses to market their products and services to you.

We reserve the right to transfer any information we have about you in the event another entity acquires any of our assets or stock. We will use reasonable efforts to direct the entity acquiring your information to use and treat the acquired information in a manner consistent with this Privacy Policy.

Notwithstanding anything herein to the contrary, we reserve the right to disclose any information provided to us or gathered by us when requested to do so by a governmental agency or a court having jurisdiction, when we believe that disclosure is (i) necessary to comply with the requirements of the law or legal process, or (ii) necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or actual illegal activity or to protect or defend our legal rights or property or our Website.

HOW WE STORE YOUR INFORMATION

We will store your personal information for as long as is reasonably necessary for the purposes for which it was collected.

THIRD PARTY SITES

Our Website may contain links or iFrames to third party sites that are not subject to this Privacy Policy. The inclusion of a link or iFrame on this Website does not imply endorsement of the linked site or service by Freepoint Solutions. They are included merely for your convenience. We have no liability or responsibility for those third party sites or their own policies/practices. We encourage you to read their privacy policies and terms of use before providing them with any information.

WEB TRACKING

Like most major websites, we may use browser cookies and other web tracking technologies (e.g. web beacons) to operate our Website more efficiently and improve our visitors’ online experience.

Web Beacons are a software technology that helps us determine what content is effective. Unlike cookies, which are stored on a user’s computer hard drive, web beacons are tiny graphics with a unique identifier that are embedded invisibly on Web pages and are used to track the online movements of Web users. For instance, they may inform us whether a page has been viewed or not, and if so, how many times or how many of our promotional emails are actually opened. In general, any electronic image embedded on a web page or email can act as a web beacon.

A cookie is a small text file containing small amounts of information which is downloaded to and stored on your computer (or other internet enabled devices, such as a smartphone or tablet) when you visit a website. Cookies are pieces of information transferred to your hard drive for record-keeping purposes. The use of cookies is an industry standard and is used by most major websites to provide the visitor with tailored information.

Cookies may collect personal information about you. Cookies help us remember information about your visit to our Website, like your country, language and other settings. Cookies allow us to understand who has seen which webpages, to determine how frequently particular pages are visited and to determine the most popular areas of our Website. 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).

You can choose not to accept the cookie by adjusting your browser settings, but, if you choose to do so, some parts of the Website might not function properly.

CHILDREN PRIVACY

Our Website is not directed at children and we do not knowingly collect personal information from children. If you are under 18, you are not eligible to use this Website. If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed personal information to us, please contact us as noted below.

LEGAL RIGHTS AVAILABLE TO HELP MANAGE PRIVACY

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information.  You may have the right:

• To access personal information
• To delete personal information
• To correct personal information
• To restrict the processing of your personal information
• To transfer your personal information
• To object to the processing of personal information
• To obtain a copy of personal information 

If you wish to access any of the above-mentioned rights, we may ask you for additional information to confirm your identity and for security purposes, before disclosing personal information to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

Please note that it may not be always possible or legally permissible to modify or completely remove information in our databases, although we will make reasonable efforts to do so upon your written request.

CHANGES TO OUR PRIVACY POLICY

We may change this Privacy Policy at any time, including, without limitation, to add new, unanticipated uses not previously disclosed in this Privacy Policy or to reflect changes in the applicable law or our business practices. We will post any revised version of this Privacy Policy on our Website and such revised version will become effective on the effective date stated therein. We may provide other type of notice if required by the applicable law. If you do not wish to accept the changes, you should cease using this Website.

CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this Privacy Policy, the information we hold about you or if you wish to exercise your rights, we encourage you to contact us dataprivacy@freepointsolutions.com or by mail at 3050 Post Oak Boulevard, Suite 1330, Houston, TX 77056. Please send any such communications to the attention of our Legal Department. We will investigate and attempt to resolve complaints and disputes and make reasonable efforts to honor your wish to exercise your rights as soon as practicable and in any event, within the timeframes required by applicable law.