1         Introduction

This Privacy Policy (the “Policy”) explains how Pacific Summit Energy, LLC (“PSE” or “we”/ “our”/ “us”) refers to collects, uses, shares, and otherwise processes the personal information we collect about consumers. This Policy details what information we collect, how we use it, and the choices and rights you have regarding its use. Our aim is to give you the necessary insights to make informed decisions about your interactions with us, including online. By using our Online Services (defined below) and providing your personal information to us, you give us permission to process your personal information as described in this Policy. If you do not agree with the data collection practices described in this Policy, do not access or use our Online Services. 

2         Scope of This Policy

This Policy describes the various contexts and circumstances in which we collect personal information, including through our “Online Services”. These Online Services include:

• Digital Interactions. This encompasses your online engagements with us, which may occur through our Online Services, including:
  • Our Websites. Any that link to this Policy, such as pacificsummitenergy.com   
  • Social Media and Affiliates. Interactions on our social media pages.
  • Other Digital Platforms. Includes interactions such as clicking on our ads on third-party sites and subscribing to our electronic communications.
• Online Customer Services. Including communications with our service representatives via email, text, or phone.
• Third-Party Information Gathered in the Online Context. This policy also extends to information we may collect about you from third parties related to your use of our Online Services, even in the absence of direct interactions with us.

This Policy also applies to personal information we collect in the context of transactions (e.g., purchases, orders, etc.) with us.

PSE maintains separate privacy notices for other types of data processing. For example, we maintain separate notices for how we process the personal information of our workforce members (where required). For questions regarding the scope of this Policy, please contact us as set forth in the Contact Information section.

3         How We Obtain Information

We obtain the information we collect about you through various means and sources, including:

• Direct Interactions. We collect personal information when you provide it directly to us, such as when you provide payment information online or in person, submit forms, or otherwise provide us with information via phone, email, or online communications. The information collected online may be entered into our systems and combined with other information we collect about you directly or from third parties. We may also share this data with our service providers, affiliates, advertising and marketing partners, and others. Please see below for more information about how we share your personal information.
• Automatically Using Data Collecting Tools. We use various data collecting tools, such as cookies, scripts, and pixels, to collect certain information about your use of our Online Services. These tools can help us improve site performance, understand how our services are being accessed and used, and provide customized content and advertising to you. We provide you options regarding your use of non-essential data collecting technologies via our Online Services.
• Third-Party Sources. We collect personal information from third parties, including social media platforms, advertising companies, e-commerce affiliates, public forums and databases, and other relevant parties based on your interactions with us. This information may be combined with other data we collect about you to enhance our Online Services, serve you with targeted ads, and tailor our interactions with you.

4         Information Collected and How We Use It

We collect and use personal information for several purposes, including to provide our Online Services and continually improve them. The personal information we collect, and how that information is used, depends on how you interact with us, the choices you make when engaging with us, and the Online Services you use.  Please note, we share personal information for targeted advertising purposes, and we allow users to exercise their privacy rights with respect to this sharing.

This section provides an overview of the types of personal information we may collect about you and the general purposes for which they are used in particular contexts. Please note that the actual information collected, and its use, may vary depending on your interactions with us and the Online Services you use.

4.1        Personal information We Collect Directly From You Online or In Person

This section describes the personal information we collect about you when you provide it directly to us through our Online Services, in an electronic communication, or in person at one of our physical locations.

4.1.1        What We Collect or Process

• Contact Information (Identifiers). We collect your name, email address, telephone number, physical address, and any other personal identifier you provide in a form or online communication.
• Account Information. We collect your username, password, company name, and any other personal identifier you provide when you register for or otherwise use our online billing portal.
• Payment Information. This information includes credit or debit card numbers.
• Commercial Activity. We keep track of the products or services you have purchased, ordered, or considered.

4.1.2        How We Use It

• To Communicate With You. We will use your personal information to facilitate our communications with you. For example, we will use your email address to respond to your email requests. The length of time we maintain your contact information and your communications varies depending on the context.
• Service Fulfillment. We use your personal information to perform a variety of services essential to the customer experience or our business, such as account setup, maintenance, and support, transaction processing and fulfillment, billing and payment processing, and customer service across multiple channels.
• Business Operations. We use personal information to perform business operations, such as document management and record keeping, training and development, generating business intelligence reports, strategic decision making, auditing and compliance, maintaining the security and integrity of our Online Services and offline operations, including protection against fraudulent or illegal activities. This includes validating your identity as necessary.
• Quality Assurance and Improvement. We use personal information to maintain and improve the quality and safety of our services.
• Customization. To enhance your experience with our Online Services, we may use your data to personalize features, content, and recommendations, in line with applicable laws and your preferences.
• Additional Uses Described. In any other way we may describe when you provide the information or any other purposes for which you provide your consent.

4.2        Personal information Collected Using Online Data Collecting Tools

We collect, use, and disclose personal information gathered in connection with your online interactions with us, including your use of our websites and their features. We also collect personal information in connection with electronic communication services like email and electronic messaging, and our social media pages (though not the platforms on which they are maintained). When you use our Online Services, we collect some information automatically and combine it with other information we collect about you. In many cases we utilize third parties to assist with this collection. In such cases, your personal information is made available to other entities for processing on our behalf or at our direction or to serve you with targeted advertisements.   

Some of this information is collected and logged because of your access to our servers, by various technologies such as cookies, web beacons, scripts, tags, and other software code that store and transmit personal and other information (collectively “data collecting technologies”).  Some of these data collecting technologies are used by third parties to collect or receive information from our Online Services and elsewhere on the Internet and use that information to provide measurement services and target ads.

4.2.1      What We Collect or Process Using Data Collecting Technologies

• Identifiers and Contact Information. We collect identifiers associated with you or the device you are using to access our Online Services, such as IP addresses, Cookie IDs, and other similar identifiers.
• Device and Browser Data. We collect information about your device and the software and systems you use to access our Online Services, such as your browser type/version, screen size/resolution, and other information contained in your browser’s communication with our website.
• User Interaction Data. We collect data about how you navigate to/from our Online Services (such as the URLs that referred you to our website), browsing activity on our Online Services (such as the web pages you viewed and buttons you clicked), and other metrics associated with your access and use of our Online Services.
• Electronic Communication Records. We collect records related to your electronic communications with us, including email records, call records and recordings/logs, and other electronic messages and communications.
• User Preferences. We record your online preferences, such as communication preferences, language, time/zone, and general location information, and privacy choices and configurations. We do this to facilitate such preferences.
• Advertising Metrics. We collect information about your interaction with our content and marketing materials. For example, we may gather information about our advertisements you have viewed on our website or elsewhere. We use third parties to do this.

4.2.2      How We Use It

• To Provide Our Online Services in a safe and secure manner, such as to present our website and its content to you, to communicate with you about changes to our Online Services, to validate your identity as necessary to ensure the security of our services and systems, and to maintain and improve the security and performance of our Online Services.
• Communications and Support, such as to review and respond to your requests or inquiries, provide updates, notices, and requested communications, send you important transactional information, request feedback, or as necessary to fulfill our obligations to you.
• For Our Legitimate Business Operations, such as to make strategic decisions concerning our business operations, enforce, and review compliance with, the legal terms that govern our offerings, comply with our legal obligations, protect the rights, safety, and property of the online services, our users, and third parties, and anonymize, aggregate, or de-identify your personal information (so it can no longer identify you) in furtherance of conducting research and analysis.
• To Send You Promotional Materials, such as updates, newsletters, surveys, or other information regarding contests, events, and/or other PSE products or services that may be of interest to you based upon information you have provided to us. Promotional materials may be conveyed in emails.
• Advertising. We use personal information to serve you with targeted advertisements and this information is shared with third parties in order to facilitate our advertising objectives.
• Analytics/Personalization. We use personal information to conduct research and analytics, including to improve our Online Services. We also use your personal information to personalize your experience, and to understand how you interact with our websites, advertisements, and communications with you.
• Data Aggregation. We may aggregate your personal information with that of other users for analytical and reporting purposes. This aggregated data is anonymized or deidentified and does not identify you personally. Aggregated data may be used for various purposes, including statistical analysis, without further notice to you and without obtaining additional consent.
• With Your Consent. We use information about you where you have given us consent to do so for a specific purpose not listed above. 

4.2.3      Third Parties Who Provide Online Services

We may use third-party services for various purposes, including but not limited to analytics, advertising, and customer support. Below are some specific third parties that we may use. To learn more about the types of entities who deploy cookies and online tracking technologies on our websites, please review “Disclosure of Personal information.”

• Font and Content Providers. Various third parties assist us in providing content and features for our Online Services. Because these services send the content to your browser on our behalf, they typically have access to information about your device and browser, including your IP address, the URL of the pages you visit, and information about your device. They use this information to ensure that the content is delivered to you in the correct format and size.
• Functionality Providers. Third parties assist us in providing various online functionality, such as our accessibility tools, and consent management tools.
• Web Hosting Providers. Our website hosting and infrastructure providers will receive personal information about your device, including your IP address, device, and browser information, as well as your activity on our websites, in order to provide the hosting services.
• Analytics and Advertising Providers. We allow third-party partners and service providers (such as advertising networks, analytics providers and social media platforms and networks) to gather data when you interact with our Online Services for our analytics and marketing purposes, including to help manage and display advertisements, to tailor advertisements to your interests, and target you on other websites (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites.
  • Google Analytics.

4.2.4      Your Privacy Choices Regarding Tracking Technologies

To the extent these data gathering technologies are deemed to be a “sale” / “sharing” under applicable U.S. state laws, you can opt-out of these online tracking technologies by submitting a request using our Cookie Management Tool (for cookies and other data collecting technologies), or using the contact information provided below. Please note, some features of our websites may not be available to you as a result.

• Cookies. You can manage how your web browser interacts with cookies. While most browsers are configured to accept cookies by default, you can modify this behavior through your browser's “Privacy” or “Security” settings. However, if you remove or reject our cookies, it could affect how the website works for you. Please note you must separately opt out in each browser and on each device. You can also tailor your cookie preferences using our cookie consent manager.
• Changing Mobile Device Privacy Settings. Your mobile device may collect and share device-level information to facilitate targeted advertising. This is independent of our Online Services but can affect your overall privacy experience. To better understand and manage these settings, you may refer to the privacy resources provided by your device's operating system. For your convenience, we've included links to informational pages for Google’s Android and Apple’s iOS platforms.
• Limiting Interest-Based Advertising. You have the option to limit the interest-based advertising you receive. Various organizations and platforms offer opt-out features that allow you to have more control over your online advertising experience. For example, the Digital Advertising Alliance (DAA) provides a consumer choice tool that lets you opt out of interest-based advertising from participating companies. You can access this tool at the DAA Opt-Out Page. Similarly, the Network Advertising Initiative (NAI) offers an opt-out tool for participating members. You can access this tool at the NAI Opt-Out Page. Please note that participation in the DAA and NAI opt-out programs is entirely optional. These are third-party services and opting out through these platforms is not a requirement for using our Online Services. We are not responsible for the effectiveness of any such opt-out options. Opting out of interest-based advertising does not mean you will no longer see advertisements; it simply means that the advertisements you do see will not be tailored to your interests.
• “Do Not Track” Signals. Do Not Track (“DNT”) is a privacy preference that you can set in your web browsers, which allows you to opt out of tracking by websites and online services. Like many websites, we do not currently respond to ‘Do Not Track’ browser settings or signals. For more information about DNT, please see eff.org/issues/do-not-track.
• “Global Privacy Control.” Some browsers and browser extensions support the Global Privacy Control (“GPC”) that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including the “sharing” of your personal information. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting.

4.3        Data Collected from Other Parties

We obtain information from businesses which provide us with our business and Online Services, such as our data analytics providers, marketing or advertising service providers, fraud prevention service providers, vendors that provide services on our behalf, and publicly available sources. We also create information based on our analysis of the information we have collected from you. We use this information for our business operations purposes, including offering and improving our services, providing customer support, measuring the effectiveness of our Online Services, accounting and transaction purposes, and to enforce our terms and policies. Please see “Disclosure of Your Personal information” to learn more about how we process personal information via our business services providers.

4.4        Other Purposes for Processing Personal information

While less frequent, there are other scenarios where we may use or disclose your personal information:

• Audits Involving External Entities. Sharing data with external organizations, including those we collaborate with or those that evaluate our business operations, to ensure compliance with industry standards, certifications, or legal obligations.
• Legal Obligations. Fulfilling legal obligations such as responding to subpoenas, court orders, or other binding government requests. In the rare event of litigation, we may use your data to establish, exercise, or defend legal claims.
• Reorganization. In the event of a business transaction such as a sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, your personal information may be shared or transferred. This also includes any subsequent integration activities post-transaction.
• Business Transfers. In the event of a divestiture, investment, or other asset transfer that is not part of a broader business transaction like a merger or acquisition, your personal information may be shared or transferred.
• With Your Consent. We use information about you where you have given us consent to do so for a specific purpose not listed above. 

5         Disclosure of Your Personal information

We may disclose the above information to the following types of parties:

• Other PSE Group Entities (Affiliates). We may share personal information between the PSE family of brands that are related by common ownership or control. We share personal information for our routine business purposes and to develop new and improve existing services.
• Authorized Persons and Agents. We may disclose personal information to marketing, advertising, analytics and other client services providers with whom we interact on your behalf.

• Business Services Providers. These are persons or entities with whom we have a relationship to provide business operations services and support to PSE. These companies, known as “service providers,” are contractually obligated to use your data only for the service they're providing and cannot use it for anything else. These providers may include the following:

• • IT Operations Providers. These include cloud computing service providers, internet service providers, data backup and security providers, functionality and infrastructure providers, and similar service providers.
  • Business Operations Providers. These include service provider with whom we partner to provide day-to-day business operations, including payment processors, security vendors, business software service providers, banks, facilities management providers and similar entities.
  • Professional Service Providers. These include lawyers, accountants, consultants, security professionals, and other similar parties when disclosure is reasonably necessary to comply with our legal and contractual obligations, prevent or respond to fraud or abuse, defend ourselves against attacks, or protect the rights, property, and safety of us, our customers, and the public.
• Marketing and Advertising Providers. These include advertising, direct marketing, and lead generation providers, affiliate marketing program providers, retargeting platforms, data brokers, ad networks, marketing consultants, and similar services providers.
• Law Enforcement/Government Agencies. Persons to whom we are required by law to provide information, such as pursuant to a subpoena or a court order.
• Corporate Transaction Disclosures. Persons involved in the consideration, negotiation, completion of a business transaction, including the sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, and any subsequent integration.

• Authorized Disclosures. Any party when authorized by the individual to whom it pertains to share it.

6         Data Retention

We retain your personal information only as long as needed to fulfill the purposes we collected it for, including satisfying legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider (i) the amount, nature, and sensitivity of the personal information; (ii) the potential risk of harm from unauthorized use or disclosure of your personal information; (iii) the purposes for which we process your personal information and whether we can achieve those purposes through other means; and (iv) the applicable legal requirements related to our processing activities. Additionally, we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.  If you have any questions about the specific retention periods for different types of your personal information, please feel free to contact us using the Contact Information provided below.

7         Your Privacy Choices

You can control the collection and use of personal information for some of our processing activities. Below are the avenues through which you can manage the types of communications you receive from us:

• Email. To opt out of promotional emails, you may follow the ‘unsubscribe’ instructions located at the bottom of each email. Alternatively, you may contact us directly using the information provided in the Contact Information section. Please be advised that opting out of promotional communications will not preclude you from receiving transactional emails, such as those related to purchases or account activity.

8         Security

We implement recognized physical, technical, and organizational safeguards tailored to protect the confidentiality, integrity, and availability of the specific categories of personal information we collect and process. These safeguards are designed to prevent unauthorized or unlawful access, destruction, loss, alteration, or disclosure of your personal information. However, despite our best efforts, no controls can provide absolute protection against all security threats, and we cannot guarantee that unauthorized access or loss will never occur. We have procedures in place to deal with any suspected data security breach. We will notify you and/or any applicable regulator of a suspected data security breach where we are legally required to do so in accordance with any legally prescribed timeframes.

9         Data Transfers

PSE’s primary operations are based in the United States, and as such, the majority of data processing occurs within the United States. To facilitate our international operations for the purposes of providing our services, we transfer your personal information across different locations, including countries other than the one where the information was originally collected. We implement appropriate measures to ensure that your personal information remains protected and secure during these transfers, including by adopting approved certifications, codes of conduct, or contractual clauses specific to the data transfer.

10       Children’s Privacy

Our Online Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe that your child has provided us with personal information, please use our Contact Information. If we become aware that we have collected the personal information of a child, we will take steps to promptly delete such information.

11    Updates to This Privacy Policy

We reserve the right to modify this Policy at any time to reflect changes in our practices, services, or legal obligations. Any modifications will be effective upon the date specified in the updated Policy. If we make material changes to this Policy that significantly affect your rights or the way we use your personal information, we will notify you through the most appropriate channels. Generally, this will be done by updating the date at the top of this page. However, other notification methods may include sending an email to the address you have provided, posting a notice on our Online Services, or other methods as required by law.  Your continued use of our Online Services following the posting of changes constitutes your acceptance of such changes.

We will indicate the date of the last revision at the top of this Policy. We encourage you to periodically review this Policy to stay informed about how we are protecting your personal information.

12    California Privacy Rights

This section is tailored to meet the specific requirements imposed by California law. While this section outlines state-specific rights for California residents, the preceding sections of this Policy also apply to them.