Effective Date: June 1, 2020
This privacy policy (“Policy”) informs you of practices when handling your Information through the Services (both as defined below). In this Policy, “Swell”, “we” or “us” refers to Swell Energy Inc., with an office located at 1014 Broadway #949, Santa Monica, CA 90401, and our subsidiaries.
In this Policy, “Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by applicable law. This includes Information you provide to us, is generated when you are the recipient of any Swell services, such as energy equipment installation, monitoring, and control, or when you access our website at https://www.swellenergy.com/ (together the “Services”).
When you use the Services, you accept and understand that we collect, process, use and store your Information as described in this Policy. If you do not agree with this Policy, you must not access the Services. If you change your mind in the future, you must stop using the Services and you may exercise your rights regarding your Information as set out in this Policy.
We may collect a variety of Information from or about you or your devices from various sources, as described below.
We disclose, sell or share your Information with the following categories of third parties in the following way:
Cookies are small text files of letters and numbers that are stored on your browser or the hard drive of your device.
Our website uses cookies, beacons, invisible tags and similar technologies (collectively, “cookies”) to collect information about your browsing activities and to distinguish you from other users of our website. This aids your experience when you browse our website, allows us to improve the functionality of our website, increase security, measure use and effectiveness of our website, and to supply you with advertising that is more relevant to you when you are visiting our or other websites that promote our products.
We use the following cookies:
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
We make reasonable efforts to protect your Information by using physical and electronic safeguards designed to improve the security of the Information we maintain. However, as no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your Information.
Our website is not targeted at children, and we do not knowingly collect Information from children under the age of 18. If you learn that a child has provided us with Information in violation of this Policy, please contact us as indicated below.
We will post any adjustments to the Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share personal information previously collected from you through the Services, we will notify you through the Services, by email, or other communication.
If you have any questions, comments, or concerns about our processing activities, or you would like to exercise your privacy rights please email us at privacy@swellenergy.com or write to us at 1515 7th St. #049, Santa Monica, CA 90401.
California Resident Privacy Notice
This California Resident Privacy Notice supplements the information and disclosures contained in our Privacy Policy. It applies to individuals residing in California from whom we collect Personal Information as a business under the CCPA, as defined below.
Personal Information Collection, Disclosure, and Sale
For the purposes of this notice, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”).
Personal Information does not include information that is:
The chart below provides the categories of Personal Information (as defined by the CCPA) we have collected, disclosed for a business purpose, sold, or used for business or commercial purposes in the preceding twelve months since this notice was last updated, as well as the categories of sources from which that information was collected, and the categories of third parties with whom we shared Personal Information. The examples of Personal Information provided for each category reflect each category’s statutory definition and may not reflect all of the specific types of Personal Information associated with each category. | ||||
Category | We Collect | We Disclose | We Sell | Categories of Third Parties with Whom We Share Personal Information |
A. Identifiers Examples: Name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. | Yes | Yes | No | Advertising Providers, Analytics Providers, Affiliates, Vendors, Integrated Third Parties, Third Parties with Consent. |
B. Categories of Personal Information in Cal. Civ. Code Section 1798.80(e)
Examples: Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. | Yes | Yes | No | Advertising Providers, Analytics Providers, Affiliates, Vendors, Integrated Third Parties, Third Parties with Consent. |
C. Characteristics of Protected Classifications under California or Federal Law
Examples: Race or color, ancestry or national origin, religion or creed, age (over 40), mental or physical disability, sex (including gender and pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity or expression, medical condition, genetic information, marital status, military and veteran status. | Yes, we receive information regarding whether you are eligible for a medical baseline utility rate and your marital status. | Yes | No | Analytics Providers, Affiliates, Integrated Third Parties, Third Parties with Consent. |
D. Commercial Information
Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | Yes | Yes | No | Advertising Providers, Analytics Providers, Affiliates, Vendors, Integrated Third Parties, Third Parties with Consent. |
E. Biometric Information
Examples: Physiological, biological, or behavioral characteristics, including DNA, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity, such as imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. | No | N/A | N/A | N/A |
F. Internet or Other Electronic Network Activity Information
Examples: Browsing history, search history, and information regarding a consumer’s interaction with an internet website, application or advertisement. | Yes | Yes | No | Advertising Providers, Analytics Providers, Affiliates, Vendors, Integrated Third Parties, Third Parties with Consent.
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G. Geolocation Data
Example: Precise physical location. | Yes | Yes | No | Affiliates, Vendors, Integrated Third Parties, Third Parties with Consent.
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H. Sensory Information
Examples: Audio, electronic, visual, thermal, olfactory, or similar information. | Yes | Yes | No | Affiliates, Vendors, Integrated Third Parties, Third Parties with Consent. |
I. Professional or employment-related information
Examples: Job application or resume information, past and current job history, and job performance information. | No | N/A | N/A | N/A |
J. Non-Public Education Information (as defined in 20 U.S.C. 1232g; 34 C.F.R. Part 99)
Examples: Records that are directly related to a student maintained by an educational agency or institution or by a party acting for the agency or institution. | No | N/A | N/A | N/A |
K. Inferences Drawn from Personal Information
Examples: Consumer profiles reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | Yes | Yes | No | Advertising Providers, Analytics Providers, Affiliates, Vendors, Integrated Third Parties, Third Parties with Consent.
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We collect, use, and disclose your Personal Information in accordance with the specific business purposes as described in our Privacy Policy. In the preceding twelve months, we have not sold any California resident’s Personal Information.
In the preceding twelve months since this notice was last updated, we have collected Personal Information from the following categories of sources:
Your California Privacy Rights
If you are a California resident, you may exercise the following rights.
Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Information collected, sold, or disclosed by us; (2) purposes for which categories of Information are collected or sold by us; (3) categories of sources from which we collect Information; and (4) specific pieces of Information we have collected about you during the past twelve months. Please visit this URL, https://www.swellenergy.com/datarequest, to access your Personal Information.
Right to Delete. Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you. Please visit this URL, https://www.swellenergy.com/datarequest, to request deletion of your Personal Information. Generally, if we continue to provide Services to you, we can retain your Personal Information.
Your requests to access or delete your Personal Information are subject to our ability to reasonably verify your identity. To verify your access or deletion request, please authenticate your account by visiting this URL, https://www.swellenergy.com/datarequest and providing us with your name, email address, address, and if applicable, Swell customer account number.
Right to Opt Out. In some circumstances, you may opt out of the sale of your Personal Information. We have not sold any of your Personal Information in the twelve months preceding the date of this notice, and we do not intend to sell any of your Personal Information in the twelve months following the date of this notice.
Right to Equal Service and Price. You have the right to be treated in a nondiscriminatory manner when you exercise your CCPA privacy rights, subject to certain limitations. We do not offer financial incentive programs related to collecting, retaining, or selling your Personal Information; however, please be aware that some Personal Information is necessary for us to be able to deliver the Services to you.
Shine the Light. You may request information once per calendar year about our disclosures of certain categories of Personal Information to third parties for their direct marketing purposes. Such requests must be submitted to us in writing using the Contact Information section below.
Submit Requests. To exercise your rights under the CCPA, please use the links above, call our toll-free number, 1-888-465-1784, send an email via our Contact Information section, or visit our website, https://www.swellenergy.com.
Authorizing an Agent: To authorize an agent to make a request to know or delete on your behalf, please send a written authorization signed by you and the authorized agent to us via the Contact Information To make a request under the CCPA on your behalf, please instruct your authorized agent to provide the written authorization signed by you and follow the steps above for verification of the agent’s identity.
Contact Information
If you have any questions, comments, or concerns about this notice or our processing activities, or you would like to exercise your privacy rights, please submit a request at http://www.swellenergy.com/datarequest, email us at privacy@swellenergy.com, call 1-888-465-1784, or write to us at 1515 7th St. #049, Santa Monica, CA 90401.
Last Reviewed and Updated: June 26, 2020