- Incentive Connect Terms and Conditions -

The terms below are effective as of 07/01/2025.

Introduction

Cohen Ventures, Inc., DBA Energy Solutions ("Energy Solutions") has developed the Incentive Connect online platform (the "Platform") to provide a streamlined service for incentive-based data collection. Incentive Connect ingests and filters sales data to identify sales that are eligible for incentive programs and to streamline the submittal of claims to applicable incentive and rebate programs. The Platform provides certain authorized parties with certain information and functionality, including information that has been provided or may in the future be provided by users of the Platform (collectively, the "Content"). Users of the Platform may only access the Content that they are explicitly authorized to access, and any extraction, printing, or distributing, or attempting to extract, print, or distribute any of the Content is strictly prohibited.

Client Users

If upon accessing the Platform you are employed by an entity (the “Client”) that has executed the Incentive Connect Platform Service Agreement with Energy Solutions (the “Agreement”), the following applies. “To the extent that any provision of these Incentive Connect Terms and Conditions conflict with any provision of the Agreement, the provision of the Agreement shall control.”

Agreement

These Terms of Use (these "Terms") constitute a binding agreement between the company or other legal entity that you represent and are lawfully allowed to bind or, if you are not representing a company, you as an individual("your" or "you") and Energy Solutions relating to your access to the Platform, the Content, and the website incentiveconnect.com (the "Site") where the Platform is hosted. By accessing the Platform and the associated Content, you are acknowledging that you have read and understand these Terms and are agreeing to be bound by and abide by these Terms, and that you are authorized to bind your company with respect to the Terms.

Certain authorized contractors may access the Platform for the limited purpose of supplementing or completing information that is missing from sales data submitted by a Client user. Such contractors are deemed “Authorized Users” under the Incentive Connect Platform Service Agreement between Energy Solutions and the Client. If you are a contractor using the Platform, you are subject to all terms, conditions, and restrictions set forth in these Terms. Contractors shall not modify, alter, or otherwise interfere with pre-populated sales data except to the extent permitted within the designated data fields. Energy Solutions makes no representations as to the accuracy, completeness, or suitability of any data entered by contractors and shall have no liability for errors, omissions, or misuse of this functionality.

PLEASE CAREFULLY READ THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, DO NOT ACCESS THE PLATFORM OR ANY CONTENT CONTAINED THEREIN. YOU AGREE THAT BY ACCESSING AND USING THE PLATFORM AND/OR ACCESSING THE CONTENT, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD, RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES AND POSSESSIONS, AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Changes to these Terms

Energy Solutions reserves the right, at any time and in its sole discretion, to modify, alter, or update these Terms without prior notice to you. It is your responsibility to review these Terms periodically for updates and changes as they will be binding upon you. We will indicate at the top of this page the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you and will be effective as of the date Energy Solutions posts new Terms. If at any time you find these or any revised Terms unacceptable, you must immediately cease all use of the Platform. Your continued access to the Platform means that you agree to the new Terms, even if you have not reviewed the changes. You understand and agree that your continued access to the Platform after the effective date of modifications to the Terms indicates your acceptance of the modifications.

Registration and Account Information

You represent and warrant that all information you provide is complete and accurate information. You are entirely responsible for maintaining the confidentiality of your password. You may not share or disclose your username or password to any other person. You may not use the account, username, or password of another person to access the Platform. You agree to notify Energy Solutions immediately of any unauthorized use of your account, user name, or password. You may be held liable for any losses incurred by Energy Solutions due to someone else's use of your account or password. We are not liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

Privacy Representation & Data License

We may collect personally identifiable information from you during registration, account creation, and you accessing the Platform and the Content. For more information, please see the Incentive Connect Privacy Policy.

By submitting any data to the Platform, including but not limited to your personal information or the personal information of other third-parties, you represent that you have provided all necessary notices or obtained all legally required consents from each individual whose personal information you collect and submit to the Platform. You acknowledge and agree that you, not Energy Solutions, are solely responsible for the accuracy, completeness, and legality of such data submissions. You hereby grant to Energy Solutions a non-exclusive, royalty-free, worldwide, irrevocable license to collect, process, store, reproduce, distribute, and otherwise use any data or content you submit to the Platform—including any personal information of third parties—for all lawful purposes related to: Program implementation and administration; Incentive and rebate processing; Regulatory and compliance reporting; Aggregated, anonymized analytics and program performance evaluations; and any other use required by law.

Grant of License

Subject to the restrictions on use set forth below, you are hereby granted a limited, non-exclusive, non-assignable, non-transferable license (the "Limited License") to access the Platform and review the Content on the screen of your computer. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO RIGHT TO EXTRACT, PRINT, COPY, REPRODUCE, USE, MODIFY, OR DISPLAY EXCEPT ON YOUR COMPUTER FOR YOUR OWN INTERNAL PERSONAL USE, ANY OF THE CONTENT. Any violation of these Terms shall immediately and automatically terminate the Limited License granted herein without notice to you. Upon termination of this Limited License, you agree to immediately cease using the Platform. Except for the Limited License, you acknowledge that you have no right, title or interest in or to this Site, the Platform or any associated Content.

You acknowledge and agree that (1) the Content is provided "AS IS" without express or implied warranty of any type, nature or description; and (2) the Content does not reflect the views of Energy Solutions, our members, managers, affiliates, partners, agents, or representatives, and that Energy Solutions, our members, managers, affiliates, partners, agents, and representatives are not responsible for any views, ideas, positions, and the like contained in any Content.

Restrictions on Use

  • You may not share or disclose your username or password to any other person.
  • You may not use the account, username, or password of another person to access the Platform.
  • You may not use a shared email address for the email address associated with your account, and must use an individual email address for all Platform access and communications.
  • You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform or features that enforce limitations on the use of the Platform and on the extraction, copying or printing of any of the Content.
  • You may not post unauthorized communications (such as spam).
  • You may not introduce viruses, trojan horses, worms, or other malicious material or code.
  • You may not use any robot, spider or other automatic device, process or means to access, retrieve, scrape, reverse engineer, compile, create derivative works, publicly display or otherwise distribute any portion of the Site or the Platform.
  • You may not use any device, software or routine that interferes with the proper working of the Platform or to extract, print, or copy any of the Content.
  • You may not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
  • You may not solicit login and password information or access an account belonging to someone else.
  • You shall respect and shall not violate the privacy of others. You will not record, process, or mine information about other users.
  • You will not alter, modify, create derivative works of, decompile or otherwise attempt to extract source code from us unless we give you express written permission.
  • At all times when accessing and using the Platform, you will act in compliance with all federal, state, and local laws, regulations and ordinances and you may not use the Platform for any illegal purpose.
  • You may not directly or indirectly attack the Platform via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Platform or affect the on-going availability of the system to other users.
  • Contractors authorized to access the Platform may only modify fields explicitly designated for contractor input and may not view, download, or alter any other data, including Customer sales data, beyond their permitted scope.

Confidentiality

All Content is the confidential and proprietary information of Energy Solutions, is intended only for persons granted access to the Platform and authorization to access the specific Content is to be used solely in connection with your specific involvement in the Project. By accessing the Platform and accepting these Terms, you agree to keep confidential all information you access in the Platform, including all of the Content, whether you are authorized to access the Content or not. You may not disclose any Content to any third party except with the prior written consent of Energy Solutions. You agree to protect and hold all such information confidential in a commercially reasonable manner. If you are required to disclose any such information pursuant to judicial order or other legal compulsion, you shall notify us upon becoming aware of such compelled disclosure to allow us to seek a protective order or equivalent. If at any time, intentionally or unintentionally, you access any of the Content without authorization, you are still bound by all the terms of this agreement, and you further agree to notify Energy Solutions immediately of the unauthorized access.

Our Proprietary Rights

Energy Solutions is the owner of the Platform. Energy Solutions shall have and retain all right, title and interest in and to the Platform and the Content, including without limitation all rights in the patents, copyrights, and other intellectual property and proprietary rights in the Platform and the Content. Except for the license provided hereunder, you do not acquire any right, title or interest in or to the Platform or any of the Content therein. At no time shall you be deemed to have possession of, or a right of possession to, any of the Content, except “Customer Data” as that term is used in the Incentive Connect Platform Service Agreement. Energy Solutions may provide copies of the information you input on behalf of a Client to that Client, as it deems appropriate in its sole discretion and to the extent permissible under law.

Disclaimer of Warranties

You acknowledge and agree that the disclaimers and limits set forth in these Terms reflect the reasonable and fair allocation of risk between you and Energy Solutions and are an essential basis of this contract between you and Us. Your use of the Platform and access to the Content is at your own risk. NO PERSON OR ENTITY INCLUDING, WITHOUT LIMITATION, ENERGY SOLUTIONS, THEIR MEMBERS, MANAGERS, AFFILIATES, PARTNERS, AGENTS, AND REPRESENTATIVES, MAKES ANY EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE QUALITY, ACCURACY, RELIABILITY, AVAILABILITY, COMPREHENSIVENESS, ADEQUACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE, THE PLATFORM OR ANY CONTENT, OR THAT THE SITE, PLATFORM OR ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE OR PLATFORM WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, PLATFORM OR ANY INFORMATION OBTAINED THROUGH THE SITE OR PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ENERGY SOLUTIONS HAS NO LIABILITY FOR ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE PLATFORM OR ANY CONTENT THEREIN, WHETHER PROVIDED BY ENERGY SOLUTIONS, THEIR MEMBERS, MANAGERS, AFFILIATES, PARTNERS, AGENTS OR REPRESENTATIVES, OR ANY OTHER PERSON OR ENTITY. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ENERGY SOLUTIONS, FOR THEMSELVES AND THEIR MEMBERS, MANAGERS, AFFILIATES, PARTNERS, AGENTS AND REPRESENTATIVES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.

No Guarantee of Incentive Outcomes

Energy Solutions does not and cannot guarantee the outcome of any incentive application or rebate claim. Submissions through the Platform are based on customer- or contractor-provided data, and Energy Solutions shall not be liable for delays, denials, or losses related to incentive submissions due to incomplete, inaccurate, or untimely information.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENERGY SOLUTIONS OR THEIR MEMBERS, MANAGERS, AFFILIATES, PARTNERS, AGENTS, REPRESENTATIVES, OR ANY OTHER CONTRIBUTOR TO THE PLATFORM BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF REGISTRATION INFORMATION PROVIDED ON THE SITE OR PLATFORM, INCLUDING ANY PERSONAL INFORMATION; (C) THE USE OR MISUSE OF THE PLATFORM BY ANY PERSON OR ENTITY; (D) ANY OF THE CONTENT; OR (E) OTHERWISE; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENERGY SOLUTIONS OR ANY OF THEIR MEMBERS, MANAGERS, AFFILIATES, PARTNERS, AGENTS, REPRESENTATIVES, OR ANY OTHER CONTRIBUTOR TO THE PLATFORM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. "DAMAGES" INCLUDES, BUT IS NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, PUNITIVE, RELIANCE, EXEMPLARY AND/OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. YOUR RIGHT TO ACCESS AND USE THE SITE AND/OR PLATFORM IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS, INCLUDING BUT NOT LIMITED TO ITS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. YOU AGREE THAT YOUR EXCLUSIVE REMEDY SHALL BE TO IMMEDIATELY STOP USING THE PLATFORM AND THE SITE. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, THE AGGREGATE LIABILITY OF ENERGY SOLUTIONS OR ANY OF THEIR MEMBERS, MANAGERS, AFFILIATES, PARTNERS, AGENTS, REPRESENTATIVES, OR ANY OTHER CONTRIBUTOR TO THE PLATFORM WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnity

You agree to defend, indemnify, and hold harmless Energy Solutions and their members, managers, affiliates, partners, agents, representatives, and any contributors to the Site and/or Platform and their respective officers, directors, employees, consultants, agents, and representatives, (collectively, the "Indemnified Parties"), from any and all claims, liability, damages, losses, expenses, and/or costs (including reasonable attorneys' fees) (collectively, "Claims") suffered by any of the Indemnified Parties arising from or relating to (i) your access or use of the Site or Platform, (ii) your violation of these Terms, or (iii) your violation of any applicable law or regulation, including violation of federal and state antitrust statutes, rules or regulations. You further agree to indemnify and hold harmless the Indemnified Parties from any Claims arising out of or relating to inaccurate or incomplete data provided by you or on your behalf, including that submitted by contractors.

Governing Law

These Terms and your use of the Platform shall be construed in accordance with and governed by the laws of the United States and the State of California, without regard to their rules regarding conflicts of law. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Oakland, California, USA for all disputes arising out of or related to the use of the Site, Platform, the Content, or these Terms, and you hereby submit to the personal jurisdiction of such courts.

Miscellaneous

These Terms constitute the entire agreement between Energy Solutions and you regarding your access and use of the Platform. If any of these Terms is found to be inconsistent with applicable law, void, or unenforceable for any reason, the remaining portions (and any partially- enforceable provisions) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Energy Solutions' failure to enforce any of these Terms will not be deemed a waiver of such term or any other terms herein or a consent to any subsequent breach of the same or another term. You may not assign or transfer your rights and obligations under these Terms without the prior written consent of Energy Solutions. Energy Solutions may assign or transfer its rights and obligations under these Terms at any time and without notifying you. Any of the Terms that are, by their nature, intended to survive termination shall survive termination. Section titles are for convenience only and have no legal effect. The Indemnified Parties are third- party beneficiaries to these Terms.

Accuracy of Information

The Content may include information and data from a variety of publicly accessible and other sources including, but not limited to, utility web sites, public-agency web sites (such as the Dept. of Energy and the EPA), and state regulatory agencies. This information includes but is not limited to rebates amounts, rebate program start and end dates, and rebate program eligibility criteria. We do not make any representation regarding the accuracy of such information, and any reliance you place on such information is strictly at your risk.

You acknowledge and agree that Energy Solutions is not responsible or liable for the availability or accuracy of any of the information obtained from other sources presented.

Contact

If you have any questions concerning these Terms or the Platform, please contact Energy Solutions at contact@incentiveconnect.com or by mail at 449 15th St. Suite 400, Oakland CA 94612.

- Privacy Policy -

Last Updated: 7/2/2025

This policy explains the rights of California residents regarding the collection, use, sale, and sharing of their personal information under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA). We may update and make changes to this policy, so we encourage you to review it periodically.

1. Key Terms. It would be helpful to start by explaining some key terms used in this policy:

  • We, us, our: Cohen Ventures, Inc., dba Energy Solutions
  • Our representative: Jeff Johnston – jjohnston@energy-solution.com
  • Personal information: Any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular consumer or household.

2. Personal Information We Collect About You. In the preceding 12 months, we have collected the following categories and specific types of consumer personal information:

Categories of Personal Information // Specific Types of Personal Information Collected:

  • Identifiers (e.g., a real 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) // Name, address, email address, and phone number
  • Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, their name and address. // Name, address, email address, and phone number

3. How Your Personal Information is Collected. We collect most of this personal information directly from you—via contractors’ input into our website; specifically:

Categories of Personal Information // Specific Types of Personal Information Collected:

  • Through Incentive Connect when completing claim information

4. Why We Use Your Personal Information. We collect consumer personal information for the following business purposes:

Categories of Personal Information // Specific Types of Personal Information Collected:

  • To process rebate claims for utility programs;
  • To comply with our legal and regulatory obligations;
  • For the performance of our contract with you or to take steps at your request before entering into a contract;
  • For our legitimate interests or those of a third party; or
  • Where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal information for and our reasons for doing so:

What we use your personal information for // Our reasons:

  • To provide services to you // For the performance of our services promised to you or to take steps at your request before entering into a contract
  • To prevent and detect fraud against you or Cohen Ventures, Inc., dba Energy Solutions // For our legitimate interests or those of a third party, i.e., to minimize fraud that could be damaging for us and for you
  • Gathering and providing information required by or relating to audits, enquiries, or investigations by regulatory bodies // To comply with our legal and regulatory obligations
  • Ensuring business policies are adhered to, e.g., policies covering security and internet use // For our legitimate interests or those of a third party, i.e., to make sure we are following our own internal procedures so we can deliver the best service to you
  • Operational reasons, such as improving efficiency, training, and quality control // For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you
  • Ensuring the confidentiality of commercially sensitive information // For our legitimate interests or those of a third party, i.e., to protect trade secrets and other commercially valuable information, To comply with our legal and regulatory obligations
  • Updating and enhancing customer records // For the performance of our services promised to you or to take steps at your request before entering into a contract, To comply with our legal and regulatory obligations, For our legitimate interests or those of a third party, e.g., making sure that we can keep in touch with our customers about existing orders and new products

5. Who We Share Your Personal Information With. In the preceding 12 months, we may have shared consumers’ personal information with:

  • Our affiliates;
  • Service providers we use to help deliver our services to you
  • Utilities for the purpose of processing rebate claims;

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers, contractors, and third parties to ensure they can only use your personal information to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

We will not share your personal information with any other third party.

6. Categories of Personal Information We Sold or Shared. In the preceding 12 months, we have shared the following categories of personal information:

  • Identifiers (e.g., a real name and postal address) email address, phone number, or other similar identifiers);
  • Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, their name and address, and telephone number;

7. Categories of Personal Information We Disclosed for a Business Purpose. In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose:

  • Identifiers (e.g., a real name and postal address)
  • Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, their name and address

8. How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • To respond to any questions, complaints or claims made by you or on your behalf;
  • To show that we treated you fairly; or
  • To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.

When it is no longer necessary to retain your personal information, we will delete or anonymize it.

9. Your Rights Under the CCPA/CPRA. You have the right under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), and certain other privacy and data protection laws, as applicable, to exercise free of charge:

Disclosure of Personal Information We Collect About You

  • You have the right to know, and request disclosure of:
    • The categories of personal information we have collected about you, including sensitive personal information;
    • The categories of sources from which the personal information is collected;
    • Our business or commercial purpose for collecting, selling, or sharing personal information;
    • The categories of third parties to whom we disclose personal information, if any; and
    • The specific pieces of personal information we have collected about you.
  • Please note that we are not required to:
    • Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
    • Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
    • Provide the personal information to you more than twice in a 12-month period.

Disclosure of Personal Information Sold, Shared, or Disclosed for a Business Purpose

  • In connection with any personal information we may sell, share, or disclose to a third party for a business purpose, you have the right to know:
    • The categories of personal information about you that we sold or shared and the categories of third parties to whom the personal information was sold or shared; and
    • The categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom the personal information was disclosed for a business purpose.
  • You have the right to opt-out of the sale of your personal information or sharing of your personal information for targeted behavioral advertising. If you exercise your right to opt-out of the sale or sharing of your personal information, we will refrain from selling or sharing your personal information, unless you subsequently provide express authorization for the sale or sharing of your personal information. Please note we do not sell or share your personal information for the purose of targeted behavioral advertising.
  • To opt-out of the sale or sharing of your personal information, please email privacy@energy-solution.com or call 888-560-2422.

Right to Deletion

  • Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
    • Delete your personal information from our records; and
    • Direct any service providers or contractors to delete your personal information from their records.
    • Direct third parties to whom the business has sold or shared your personal information to delete your personal information unless this proves impossible or involves disproportionate effort.
  • Please note that we may not delete your personal information if it is reasonably necessary to:
    • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
    • Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes;
    • Debug to identify and repair errors that impair existing intended functionality;
    • Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law;
    • Comply with the California Electronic Communications Privacy Act;
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
    • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
    • Comply with an existing legal obligation; or
    • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Right of Correction

  • If we maintain inaccurate personal information about you, you have the right to request us to correct that inaccurate personal information. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.

Protection Against Retaliation

  • You have the right to not be retaliated against by us because you exercised any of your rights under the CCPA/CPRA. This means we cannot, among other things:
    • Deny goods or services to you;
    • Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
    • Provide a different level or quality of goods or services to you; or
    • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
  • Please note that we may charge a different price or rate or provide a different level or quality of [goods and/or services] to you, if that difference is reasonably related to the value provided to our business by your personal information. We may also offer loyalty, rewards, premium features, discounts, or club card programs consistent with these rights or payments as compensation, for the collection of personal information, the sale of personal information, or the retention of personal information.

10. How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, you can do so by emailing privacy@energy-solution.com or by calling 888-560-2422.

Please note that you may only make a CCPA/CPRA-related data access or data portability disclosure request twice within a 12-month period.

If you choose to contact us directly by phone or email, you will need to provide us with:

  • Enough information to identify you (e.g., your full name, address and customer or matter reference number);
  • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
  • A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.