David Energy Supply LLC Privacy Policy

Last updated: July 19, 2022.

This Privacy Policy explains how information about you is collected, used and disclosed by David Energy Supply, LLC, and its subsidiaries and affiliated companies ("David Energy" or "we"). This Privacy Policy applies to information we collect when you use our websites and other online products and services (collectively, the "Services") or when you otherwise interact with us.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

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COLLECTION OF INFORMATION

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Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you request information, create a DAVID ENERGY account, sign up for our Services, participate in any interactive features of the Services, fill out a form or submit surveys, participate in a contest or promotion, order or purchase energy supply ("Supply") through the Services, communicate with us via third party social media sites, request customer support or otherwise communicate with us. The types of information we may collect include:

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  1. Account Information, such as your name, address, email address, phone number, social media user name, and any other information you choose to provide;
  2. Individual Information, such as address, when you provide such information in connection with signing up for our Service. While enrolling for products and/or services, we may also ask you for the following types of information: contact information (such as name, address, phone number, and email address); sensitive information (such as date of birth, driver's license number and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our products and services, and to fulfill our obligation to provide our products and services to you, including communicating with third parties as necessary to provide such products and services, such as identification verification companies, consumer reporting agencies, payment validation companies, law enforcement agencies, or others.
  3. Corporate Information, such as address, company tax status, EIN number, financial and creditworthiness information, size and type of facility and your fuel sources;
  4. Property and Supply Usage Information, such as the number of residents, square footage, date and type of construction, type of HVAC used, the current utility David Energy servicing the property and your utility services account number, including your usage history for the past two years, and your ongoing supply usage amounts and rates;
  5. Transaction Information, such as information about the type and sources of supply you request. We may also collect and store limited payment information from you, such as payment card type and expiration date and the last four digits of your payment card number, however, we do not collect or store full payment card numbers and all transactions are process by our third party payment processor;
  6. Other Information You Choose to Provide, such as when you participate in a survey, contest, promotion or interactive area of the Services or when you request technical or customer support. If you participate in promotions offered by your employer or certain membership groups of which you are a member, we may also collect details about the benefits offered by your employer or your membership in certain services groups. In some cases, we may also collect information you provide about others, such as when you refer someone to our Services. We will use this information to fulfill your requests and will not send communications to your contacts unrelated to your requests, unless they separately consent to receive communications from us.

Information We Collect Automatically When You Use the Services

When you access or use our Services, we automatically collect information about you, including:

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  1. Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
  2. Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
  3. Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see "Your Choices" below.

Information We Collect From Other Sources

‍We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to mailing list providers and publicly available sources.

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USE OF INFORMATION

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We may use information about you for various purposes, including to:

  1. Provide, maintain and improve our Services;
  2. Provide and deliver the Supply, products and services you request, process transactions and send you related information, including confirmations and invoices,
  3. Send you technical notices, updates, security alerts and support and administrative messages;
  4. Respond to your comments, questions and requests and provide customer service;
  5. Communicate with you about products, services, offers, promotions, rewards, and events offered by DAVID ENERGY and others, andprovide news and information we think will be of interest to you;
  6. Monitor and analyze trends, usage and activities in connection with our Services;
  7. Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests; Will tell users where to get best price products, etc.
  8. Process and deliver contest entries and rewards;
  9. Link or combine with information we get from others to help understand your needs and provide you with better service; and
  10. Carry out any other purpose for which the information was collected.

DAVID ENERGY is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

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SHARING OF INFORMATION

We may share information about you as follows or as otherwise described in this Privacy Policy:

  1. With vendors, consultants and other service providers to the extent they need access to such information to carry out work on our behalf;
  2. With local utility or energy supply companies to fulfill your Supply order;
  3. In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
  4. If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of DAVID ENERGY or others;
  5. In connection with, or during negotiations of, any merger, sale of David Energy assets, financing or acquisition of all or a portion of our business by another David Energy; and
  6. With your consent or at your direction. We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

Social Sharing Features

The Services may offer social sharing features and other integrated tools (such as the Facebook "Like" button), which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

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Advertising and Analytics Services Provided by Others

We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by DAVID ENERGY and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

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SECURITY

DAVID ENERGY takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. DAVID ENERGY has implemented additional security measures to ensure the security of all Customer Confidential Information as outlined in Data Security Agreement (“DSA”) executed with energy utilities.

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Confidential Customer Information

“Confidential Customer Utility Information” means information that Utility is: (A) required by the New York UBP at Section 4: Customer information (C)(2), (3) or UBP DERS at Section 2C: Customer Data (C)(2), to provide to ESE or (B) any other information provided to ESE byUtility and marked confidential by the Utility at the time of disclosure, but excludes (i) information which is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives; (ii) information which was already known to Receiving Party on a non-confidential basis prior to being furnished to Receiving Party by Disclosing Party; (iii) information which becomes available to ReceivingParty on a non-confidential basis from a source other than Disclosing Party or a representative of Disclosing Party if such source was not subject to any prohibition against transmitting the information to Receiving Party and was not bound by a confidentiality agreement with Disclosing Party; (iv)information which was independently developed by the Receiving Party or its Representatives without reference to, or consideration of, theConfidential Information; or (v) information provided by the customer with customer consent where the customer expressly agrees that the information is public. UBP Section 4.C.2 / Customer Contact Information Set (Electric & Gas)

  1. 1. Customer’s service address;
  2. 2. Electric or gas account indicator;
  3. 3. Sales tax district used by the utility + whether the utility identifies the customer as tax exempt;
  4. 4. Rate service class and subclass or rider by account and by meter, where applicable;
  5. 5. Electric load profile code, if not based on service class, whether the customer’s account is settled with the ISO utilizing an actual 'hourly or a 'class shape' methodology, or ICAP tag
  6. 6. [Gas] Weather normalization forecast of the customer’s gas consumption for the most recent 12 months or life of the account, whichever is less, and the factors used to develop the forecast.
  7. 7. Customer’s number of meters and meter numbers;
  8. 8. Whether the customer receives any special delivery or commodity “first through the meter” incentives, or incentives from NYPA
  9. 9. The customer’s Standard Industrial Classification (SIC) code;
  10. 10. Usage type (kWh/therm), reporting period, type of consumption (actual, estimated, or billed);
  11. 11. Whether the customer’s commodity service is currently provided by the utility;
  12. 12. 12 months (or life of the account) of customer data via EDI. If the customer has more than one meter associated with an account, for each meter
  13. 13. Electronic interval data in summary form via EDI, or via acceptable alternative electronic format
  14. 14. [Gas] Date of gas profile

YOUR CHOICES

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Account Information

You may update, correct or delete information about you at any time by logging into your online account, emailing us at info@davidenergy.com. If you wish to deactivate or delete your account, you may contact us at info@davidenergy.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

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Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

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Promotional Communications

You may opt out of receiving promotional emails from DAVID ENERGY by following the instructions in those emails or by emailing info@davidenergy.com. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

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CONTACT US

If you have any questions about this Privacy Policy, please contact us at info@davidenergy.com

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