Privacy Policy

Effective May 25, 2022 · Last revised April 16, 2025

Introduction

Bright Power, Inc. and its affiliated entities provide this Privacy Policy regarding data collection, use, and disclosure practices. The policy applies to visitors and users of brightpower.com, energyscorecards.com, and related domains (collectively “Websites”), members of the EnergyScoreCards (ESC) Website, and individuals using Company Services.

By using the Service, you consent to data collection and use per this policy and the Terms of Service. This Privacy Policy is incorporated into the Terms of Service.

1. Key Terms Used in this Privacy Policy

  • Client: A customer of Company
  • Client Data: Personal Data a Client provides to use the Service
  • Personal Data: Information relating to an identified or identifiable natural person or personally identifiable information by law
  • Public Area: Service portions accessible without login
  • Restricted Area: Service portions accessible only with login credentials
  • User: A person or entity using the Service
  • User Data: Personal Data a User provides to use the Service
  • Visitor: An individual accessing public areas without Restricted Area access

2. Information We Collect

2.1 Client and User Provided Information

Company collects Personal Data including:

Registration Information:

  • Name, physical address, mailing address, billing address
  • Email address, birth date
  • Credit or debit card details and expiration dates
  • Billing information, username, password
  • Unique identifiers for account security
  • Information needed for utility account access

Usage Data:

  • Internet Protocol (IP) address
  • Browser type and version
  • Pages visited, visit timing, pages duration
  • Unique device identifiers
  • Mobile device information (type, ID, operating system, browser type)
  • Purchasing patterns, contact details, profile information

SMS Consent:

Information from SMS consent is not shared with third parties or affiliates. Users may receive texts regarding property, account, project, or employment application status. Message rates may apply. Users may opt-out by texting STOP or texting HELP for assistance.

Real Property Information:

Company collects real property utility usage and consumption data, associating user information with property coverage.

Account Activities Information:

Company records account activities, recently viewed pages, subscription history, and communications with representatives, including service problems reported.

Payment Information:

Credit/debit card numbers, expiration dates, and billing information are recorded and may be shared with banks, financial institutions, or other parties necessary for payment processing.

Statistical Information:

Company gathers statistical information about Websites and Users, including personally identifiable information with demographic data for internal and external analytics in aggregated and user-specific forms.

Marketing Information:

Information gathered from trade shows, marketing events, and other functions for follow-up marketing purposes.

Disclosed Personal Information:

Users or Visitors may disclose Personal Data including names, email addresses, telephone numbers, facsimile numbers, and IP addresses through inquiry forms or other Website interactions.

2.2 Information Collected by Clients

Clients may collect information containing Personal Data such as utility bills and invoices. Company may have no direct relationship with non-Client Users whose Personal Data Clients collect or provide. Each Client must provide notice to Users regarding Personal Data collection purposes and processing in the Service.

2.3 Information Collected by Cookies

Company uses cookies to store user information and track Website visits. Cookies are small data amounts sent to browsers and stored on computer hard drives. Each Website visit notifies servers of the visit and usage patterns.

Company uses automatically collected information through cookies and similar technologies to:

  1. Personalize Service by remembering User or Visitor information to prevent re-entry during or between visits
  2. Provide customized advertisements, content, and information
  3. Monitor and analyze Service and third-party marketing effectiveness
  4. Monitor aggregate site usage metrics including visitor count and pages viewed
  5. Track entries, submissions, and status in promotions or activities

Users can configure browsers to accept all cookies, request notification when cookies are sent, or reject all cookies. Rejecting all cookies may require frequent re-entry of information and may disable certain features.

Cookie Types Used:

  • Session Cookies: Operate the Service
  • Preference Cookies: Remember user preferences and settings
  • Security Cookies: Used for security purposes

2.4 Collected Information

“Collected Information” encompasses cookies information, Client-provided information, Registration Information, Usage Data, Real Property Information, Account Activities Information, Payment Information, Statistical Information, Marketing Information, Disclosed Personal Information, and any information collected through any means.

3. How We Use Collected Information

3.1 General

Company uses Collected Information to improve marketing and promotional efforts, statistically analyze site usage, improve content and product offerings, and customize Websites and Service for users. Company uses Collected Information to provide technical support, investigate problems, resolve disputes, and enforce agreements.

Company uses Collected Information to facilitate proper Service operation and business activities, including providing depersonalized statistical data about energy usage to improve real property energy usage.

Except for depersonalized statistical data, we do not otherwise sell, rent, trade or exchange any Personal Data of our Clients, Users or Visitors. User data may be transferred, stored, used, and processed outside home jurisdictions. In merger or business transfer situations, Collected Information transfers to acquiring entities.

3.2 Registration Information

Company may use Registration Information to provide requested services or contact regarding additional services. Company may use email addresses, mailing addresses, phone numbers, mobile numbers, or fax numbers for notices, surveys, product alerts, new service offerings, and relevant use communications.

3.3 Usage Data

Company may use Usage Data to provide value-added services to Clients, Users, affiliates, or related entities, including pattern and behavioral data for marketing initiatives and decision-making.

3.4 Real Property Information

Company may use Real Property Information to compare energy usage across properties, develop analytics or energy measurement tools, assess comparables, provide energy usage scoring or ratings, or provide general metrics regarding energy usage patterns.

3.5 Payment Information

Company uses Payment Information to process Client payments or provide Services.

3.6 Account Activities Information

Company uses Account Activities Information to provide requested Services. Company may generate reports, statistics, and analysis based on Account Activities Information to enhance Services.

3.7 Statistical Information

Company uses Statistical Information to diagnose server problems, maintain computers, manage Services, and enhance Services based on usage pattern data. When providing Statistical Information to third parties, Company depersonalizes or anonymizes Personal Data to prevent identifying information disclosure without permission. Written consent is required to send non-depersonalized or non-anonymized Statistical Information to third parties.

3.8 Disclosed Personal Information

Company provides energy efficiency and usage consulting for real property managers, developers, and similar entities. Services are not for personal use. Each Client is solely responsible for observing applicable laws and regulations. Each Client is expressly prohibited from using Personal Information for illegal activities.

4. Disclosure of Data

4.1 Unrestricted Information

Information in Public Areas is available to any Visitor or User with access.

4.2 Disclosure to Service Providers

Company may provide Collected Information to affiliates and service providers under contract supporting Company Websites and Service operation. Company limits information provided to service providers to that reasonably necessary for function performance.

4.3 Business Transactions

If Company is involved in mergers, acquisitions, or asset sales, Personal Data may transfer. Notice will be provided if Personal Data becomes subject to different Privacy Policies.

4.4 Disclosure for Law Enforcement

Company may disclose Collected Information, including Personal Data, under certain circumstances in good faith belief such action is necessary to:

  • Comply with legal obligations, such as subpoenas or judicial orders
  • Protect and defend Company rights or property
  • Prevent or investigate possible wrongdoing connected with the Service
  • Protect users' or the public's personal safety
  • Protect against legal liability

5. Retention of Data

Company retains Personal Data only as long as necessary for purposes outlined in this Privacy Policy or reasonably necessary to provide, promote, and support Services. Company retains and uses Personal Data to comply with legal obligations, resolve disputes, and enforce legal agreements and policies.

Company may retain Usage Data for internal analysis. Usage Data is generally retained briefly but may be retained longer if strengthening Service security, improving functionality, or if legally required.

6. Transfer of Data

User information, including Personal Data, may be transferred to and maintained on computers outside home states, provinces, countries, or governmental jurisdictions where data protection laws differ.

If located outside the United States and choosing to provide information, understand that Company transfers data, including Personal Data, to the United States for processing.

Company takes reasonably necessary steps ensuring data is treated securely per this Privacy Policy. No Personal Data transfers occur to organizations or countries without adequate controls including Personal Data security.

7. Third Party Services

Company established relationships with parties offering products and services Company does not provide. Third-party privacy policies may differ, and Company may not control submitted information. Users are encouraged to read third-party policies before responding to offers, products, or services.

8. Security of Data

Registered Clients or Users whose Registration Information and uploaded information can be viewed and edited through password-protected Accounts should not divulge passwords. Company personnel never request passwords in unsolicited calls or emails.

No internet transmission, wireless transmission, or electronic storage method is perfectly secure. Company strives using commercially acceptable means protecting Personal Data but cannot guarantee security.

9. Children's Privacy

Company Services do not address or target anyone under 13 years old. Company does not knowingly collect personally identifiable information from anyone under 13. Parents or guardians aware Children provided Personal Data should contact Company. If Company becomes aware it collected Children's Personal Data without parental consent verification, it will remove information from servers.

10. Your Rights

Company aims taking reasonable steps allowing users to correct, amend, delete, or limit Personal Data use.

10.1 Modifying Personal Data

When possible, registered Service users can update Personal Data within account settings. Users unable to change Personal Data should contact Company.

10.2 Removing Personal Data

Users wishing to know held Personal Data or request removal should contact Company. Non-Clients or Users should initially contact Clients or Users collecting and processing Personal Data.

10.3 Data Portability

Users have data portability rights for provided information. Users can request obtaining Personal Data copies in commonly used electronic formats for management and movement.

10.4 Other Data Subject Rights

In certain circumstances, users have rights to:

  • Access and receive held Personal Data copies
  • Rectify inaccurate held Personal Data
  • Request held Personal Data deletion

Company may request identity verification before responding to requests.

11. Changes to this Privacy Policy

Company may update Privacy Policy periodically. Changes are posted on this page with email notification and prominent Service notice prior to effectiveness. The “effective date” at the policy top is updated. Users are advised reviewing Privacy Policy periodically for changes. Posted changes become effective immediately.

12. Contact Us

Privacy Policy questions should be directed to legal@brightpower.com