Last modified: April 25, 2024

EnergyNet.com, LLC, (collectively with EnergyNet.com, LLC’s affiliates, parent companies, subsidiaries, and agents, "EnergyNet", "we", or "us") respects your privacy and is committed to protecting it through compliance with this Privacy Policy (this "Policy”". This Policy describes the types of information we may collect from you ("you" or the "user") or that you may provide when you visit the website www.energynet.com (the "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information EnergyNet collects on the Website, in email, text, and other electronic messages between you and EnergyNet, and when you interact with our advertising and applications on third-party websites and services. It does not apply to information collected by websites or services owned and operated by third parties.

Please carefully read this Policy to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Policy and consent to all actions that we take regarding your data in accordance with this Policy. This Policy may change from time to time, and your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

1. Collection of User Information

1.1. Information We Collect and How We Collect It.

We may collect several types of information from and about users of the Website (collectively, the "User Information"), including:

  • personal information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline;
  • information that is about you but individually does not identify you;
  • financial information, including payment methods and credit card information and numbers;
  • social media account information, including names, usernames, gender, birthday, city, pictures, friends, likes, posts, and other information; and
  • equipment and device information, including your internet connection and usage, phone number, location, and information about the devices and other equipment used to access the Website.

We collect this information:

  • directly from you when you provide it to us;
  • automatically as you navigate through the Website (information collected automatically may include usage details, domain name, and information collected through cookies, web beacons, and other tracking technologies); and
  • from third parties, for example, our business partners.

1.2. Information You Provide to Us.

The information we collect on or through our Website may include:

  • information that you provide on the Website, including information provided at the time of registering to use the Website or for our services, during our processing of your requests for treatment, payment, or customer service, and when you post anything on the Website, such as feedback or comments;
  • Information you provide online and on applications or other forms, or through discussions EnergyNet has with you or your representatives, such as your name, address, date of birth, employment information, investment experience, and any information about you or your company's investment objectives;
  • Information about your transactions with or through us, such as your bid allowance, bid history, proxy bid amounts, purchase history, and payment history, if applicable;
  • Information you provide in order to electronically sign EnergyNet account agreements such as Social Security number, company tax identification number, or beneficial ownership information;
  • Information about you or your company disclosed by you or your financial institutions necessary to establish your bid allowance;
  • Information about you from consumer-reporting agencies or other financial regulatory agencies;
  • records and copies of your correspondence and email address, if you contact us;
  • your responses to surveys or questions that we might ask you to complete for research purposes;
  • details of transactions you carry out through the Website and of the fulfillment of your orders and requests. You may be required to provide financial information before placing an order through the Website; and
  • your search queries on the Website.

You also may provide information to be published or posted on public areas of the Website, or transmitted to other users of the Website or to third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

1.3. Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • details of your visits to our Website, other communication data, and the resources that you access and use on the Website; and
  • information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and may include User Information, or we may maintain it or associate it with User Information we collect in other ways or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:

  • estimate our audience size and usage patterns;
  • store information about your preferences, allowing us to customize our Website according to your individual interest;
  • speed up your searches; and
  • recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Technologies Similar to Cookies. Certain features of our Website may use local stored objects (such as Browser Local Storage) and other information obtained from your browser to collect and store information about your use of our Website. These data are not managed by the same browser settings as used for browser cookies. For information about managing your privacy and security settings for other local data technologies, please reference your browser documentation.
  • Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit EnergyNet, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

1.4. Third-Party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Website are served by third parties, including sellers, governmental entities, other users, content providers, and application providers. These third parties may use cookies to collect information about you when you use our Website. The information they collect may be associated with your User Information or they may collect information, including User Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

2. Use of Information

2.1. How We Use Your Information.

We use information that we collect about you or that you provide to us, including any User Information to:

  • present the Website and their contents to you;
  • provide you with information, products, or services that you request from us;
  • contact you about goods and services that may be of interest to you and provide you with updated information regarding our products and services;
  • fulfill, process, and manage orders, purchases, payments, and any other transaction on the Website;
  • notify you about changes to our Website or any products or services we offer or provide though them;
  • carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • enable us to display advertisements to our advertisers' target audiences (even though we do not disclose your User Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria);
  • to allow you to participate in interactive features on the Website;
  • improve efficiency and operation of the Website, including to monitor activity and trends;
  • in any other way we may describe when you provide the information; and
  • for any other purpose for which you provide it or with your consent.

2.2. Disclosure of Your Information.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose User Information that we collect or you provide as described in this Policy to:

  • our subsidiaries and affiliates;
  • contractors, service providers, and other third parties we use to support our business;
  • buyers or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of EnergyNet's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which User Information held by EnergyNet about the Website users is among the assets transferred;
  • fulfill the purpose for which you provide it;
  • comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to record the transfer of assignment with county, state, or federal public land agencies; and
  • enforce or apply EnergyNet’s Terms of Use and other agreements, including for billing and collection purposes.

We may also disclose such information:

  • if we believe disclosure of your User Information is necessary or appropriate to protect the rights, property, or safety of EnergyNet, our customers, or others, or for other purposes such as for public health and research, fraud protection, and credit risk reduction;
  • for any other purpose disclosed by us when you provide the information; and
  • with your consent.

2.3. Choices About How We Use and Disclose Your Information.

We strive to provide you with choices regarding the User Information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your User Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us a request via our contact link below.
  • Promotional Offers from EnergyNet. If you do not wish to have your email address or other contact information used by EnergyNet to promote our own or third parties' products or services, you can opt-out by sending a request via our contact link below. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to EnergyNet as a result of a product purchase, warranty registration, product service experience or other transactions.

We do not control third parties' collection or use of your information and are not responsible for the privacy policy or practices of third-parties and their websites. This Policy only applies to information we collect from you while you are actively in session with us. If you should link to a third-party website from our website, we strongly encourage you to review and become familiar with that website's privacy policy. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

2.4. Accessing and Correcting Your Information.

You may request access to, correct or delete personal information that you have provided to us by sending a request via our contact link below. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

3. Other Data Policies and Protections

3.1. Data Security.

We have implemented measures designed to secure your User Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Our employees have access to your nonpublic personal information only on an as-needed basis. We conduct regular internal audits of our business procedures, examining confidentiality standards and information access in order to protect your personal information. In addition to our own review, we are subject to periodic compliance review by FINRA.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your User Information, we cannot guarantee the security of your User Information transmitted to our Website. Any transmission of User Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

3.2. Copyright Protection.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting to us a written notification. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. Ss. 512 et seq.) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • your physical or electronic signature;
  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
  • identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in the written notice is accurate; and
  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

3.3. California Privacy Rights.

California Civil Code Section Ss. 1798.100 et seq. permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Additionally, if you reside in California, are under 18 years of age, and have an account on the Website, you may request removal of information publicly posted by you on the Website. To make either such request, please send us a request via our contact link below that includes any email address associated with your account and a statement that you reside in California. We will make sure the requested information is not displayed publicly on the Website; however, some information may not be completely removed from our systems.

3.4. International and Federal Privacy Rights.

The Gramm-Leach-Bliley Act obligates EnergyNet to provide the information contained in this Policy and the mechanism available to you to opt out of any retention or disclosure of nonpublic information. EU General Data Protection Regulation 2016/679 requires that EnergyNet disclose the type of personal data processed and disclosed under this Policy. By continued use of the Website, you consent to the terms of this Policy. If you wish to request the removal of any information, please send us a request via our contact link below.

3.5. Do Not Track Technology.

Some web browsers have a "Do Not Track" feature to transmit your preference not to have data about your online activities tracked. Currently, we do not respond to "Do Not Track" or similar signals, as there is no uniform standard for responding to such signals. We will inform you of any future amendments to this Policy due to changes in Do Not Track standards in an updated Privacy Policy.

3.6. Children Under the Age of 16.

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on the Website or on or through any of its features, use any of the interactive or public comment features of the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please notify us via our contact link below.

4. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ENERGYNET AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (THE “ENERGYNET PARTIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE WEBSITE OR ANY OTHER ENERGYNET ONLINE SERVICE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. This provision does not require you to indemnify any of the EnergyNet Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the EnergyNet online services.

5. Additional Provisions

5.1. Changes to Our Privacy Policy.

It is our policy to post any changes we make to our Privacy Policy on this page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes. Your use of the Website after any amendments or changes to our Policy will be confirmation of your acceptance of those amendments or changes to this Policy.

5.2. Severability.

If any provision of this Policy is determined to be invalid or unenforceable by any law or court of binding authority, then the remaining provisions of this Policy will not be affected, and the violative provisions will be reformed to the maximum extent permitted by applicable law in a manner that is consistent with the remaining provisions of this Policy.

6. Contact Information

EnergyNet.com, LLC
ATTN: Compliance Department
7201 I-40 W. Suite 319
Amarillo, TX 79106

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