Privacy Policy

Effective Date: October 10, 2017.

 THIS PRIVACY POLICY AND THE TERMS OF USE GOVERN YOUR USE OR ACCESS OF THE WEBSITE WITH THE DOMAIN NAME WWW.POINTCLICKSWITCH.COM (THE “SITE”) OF MARYLAND ENERGY ADVISORS, LLC D/B/A POINTCLICKSWITCH.COM (“POINTCLICKSWITCH”, “WE,” “US” OR “OUR”) TOGETHER WITH THE SERVICES PROVIDED ON THE SITE (COLLECTIVELY, THE “SERVICE”). THE TERMS OF USE AND THE PRIVACY POLICY APPLY BOTH BEFORE AND AFTER YOU SIGN UP FOR OUR SERVICE, IF YOU CHOOSE TO SO SIGN-UP. BY ACCESSING OR USING OUR SITE OR SERVICE OR MERELY BROWSE THROUGH THE SITE, YOU REPRESENT THAT YOU ARE EIGHTEEN YEARS OF AGE OR OLDER OR THAT YOU HAVE YOUR PARENT’S OR GUARDIAN’S CONSENT TO BROWSE THE SITE OR USE THE SERVICE (AND THAT IN NO EVENT ARE YOU OF 13 YEARS OF AGE OR YOUNGER), THAT YOU HAVE READ OUR TERMS OF USE AND OUR PRIVACY POLICY, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THEM (YOUR “ACCEPTANCE”). IF YOU DO NOT AGREE TO BE BOUND BY THEM, YOU MAY NOT ACCESS OR USE THE SITE OR ANY PART OF THE SERVICE.

YOUR ACCEPTANCE OF THIS PRIVACY POLICY CONSTITUTES YOUR CONSENT TO US EMAILING, MAILING, TEXT MESSAGING, OR CALLING YOU BY TELEPHONE IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS OF USE, AND YOU HEREBY SO CONSENT.

This Privacy Policy describes how information about you is collected, used, and disclosed by us when you access or use our Service. The Privacy Policy is part of our Terms of Use, which govern the rights and responsibilities you and we have as to each other in connection with your access or use of the Service.

We reserve the right to change or modify this Privacy Policy at any time and in our sole discretion. If we make changes to this Privacy Policy, we will provide notice of such changes, such as by sending an email notification OR providing notice through the Service. We encourage you to review this Privacy Policy frequently and whenever you use or access the Service or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

Collection of Information:

Information You Provide to Us.

We collect information you provide directly to us. For example, we collect information when you sign up to or register with our Service, participate in a survey, communicate with us via third party social media service, request customer support, or otherwise communicate with us. The type of information we may collect from you includes: (A) For our Service: (i) your telephone number, (ii) your first and last names, (iii) your state of residence, (iv) your zipcode, (v) your email address, (vi) the name and address of your utility service provider, (vii) the account number you have with your utility service provider, (viii) your service address with your utility service provider, (ix) other identification numbers used by your utility service provider, including Choice ID, service number, customer number, invoice numbers, and any budge billing information, and (x) all information included on any copies of utility service bills that you send us or upload on our Site or Service, and (B) Other information you choose to provide, such as when you participate in a survey, contest, promotion or interactive area of the Service, including any chat or interactive texting function, discussion board, or when you request technical or customer support.

Information We Collect Automatically. When you access or use the Site or Service, the types of information we may automatically collect about you include:

  1. Log Information: When you use or access our Site, our servers automatically record your Internet Protocol (“IP”) address.
  2. Information Collected by Cookies and Other Tracking Technologies: We and our service providers may use various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Site, including information about your browsing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Service and your experience, see which areas and features of the Site are popular, and count visits. Web beacons are electronic images that may be used on the Site or in emails and help deliver cookies, count visits, and understand usage and campaign effectiveness.

Use of Information: We, including our employees, service providers, and contractors, may use information about you for various purposes, including to:

  1. Provide, maintain, and improve the Site and the Service;
  2. Respond to your comments, questions, and requests;
  3. Provide customer service, including to contact you if there is a problem with your sign-up, for feedback on our services, about changes to our Service or any products or services we offer or provide through our Service;
  4. Monitor and analyze trends, usage, and activities in connection with the Service;
  5. Detect, investigate, and prevent fraudulent transactions and other illegal activities and protect our rights and property or those of others;
  6. For our internal marketing purposes, including by adding your email address to our marketing email list, requesting referrals, and sharing market updates with; and
  7. Periodic monitoring, assessments, and subsequent notifications of any rates that may be lower than your then-current existing energy supplier rates.

If you provide us with your information and request that we contact you about our Service, you may receive periodic emails, direct mailings, text messages, or telephone calls from us with relevant information. If at any point in time you do not wish to receive such emails, mailings, text messages, or calls, please let us know by sending an email to the address below or click “unsubscribe” or do as instructed in any email or text message from us.

Sharing of Information: We may share information about you with third parties as follows or as otherwise described in this Privacy Policy:

  1. With energy supply companies with whom you enroll in a plan, service, or subscription by using our Site or Service (note that your agreement with those energy supply companies and their own privacy policies and practices will govern their collection and use of your information, so it is important that you become informed about those);
  2. With third-party service providers or contractors for marketing and non-marketing purposes to enable us to provide services to you through the Service, including to help manage and maintain our website and databases and with third parties who assist us with direct mailing, email communications, text messaging, and other business operations;
  3. If we believe your actions are inconsistent with our Terms of Use or other policies, or to protect our rights, property or safety or those of others;
  4. In connection with, or during negotiations of, any merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings; the recipient of your information may subsequently use your information under the terms of their own privacy policies, which may differ from this Privacy Policy, but you will receive the opportunity to opt-out of such use if the recipient’s privacy policy allows a more expansive sharing of your information than this Privacy Policy;
  5. Between and among us and any current or future parent, subsidiary and/or affiliated company; and
  6. In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process; and
  7. In any other manner with your consent or at your direction.

We strive to ensure that any third parties with whom we share your information will provide at least the same level of protection as this Privacy Policy offers.

We also may share with third parties aggregated or de-identified information, which cannot reasonably be used to identify you, but which may be used for marketing purposes. WE DO NOT SHARE YOUR PERSONAL INFORMATION WITH UNAFFILIATED THIRD PARTIES FOR DIRECT MARKETING PURPOSES, with the exception of the use of cookies with respect to our website.

As to information you share in any text messages or any private messaging system, chat function, or any discussion board that are visible to third parties who are users of the same, you are solely responsible for the use by those third parties of the information you share with them. We cannot control the actions of other users of the Site or Service with whom you may choose to share your information or interact, and we cannot guarantee that your information will not be viewed by unauthorized persons.

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 Site 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 us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests in the Site or Service 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.

Credit Card Information: We do not receive or store any credit card information.

Security: The security of your personal information is important to us. We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand, however, that no security system is impenetrable. Like other companies, we cannot guarantee 100% the security or confidentiality of the information you provide to us. Consequently, while we endeavor to safeguard your personal information against unauthorized access and disclosure, we do not warrant or guarantee the absolute security of any personal information you transmit to, from or through the Site or Service. For example, text messages sent to or from the Service may not be secure, and you should therefore take special care in deciding what information you send to us via text messages. If you share your computer or mobile device or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. Do not share your mobile device with other individuals. This will help to ensure that others cannot access your personally identifiable information. In the event of a breach of the confidentiality or security of any of your personally identifiable information, we will notify you as required by law, if reasonably possible, and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the telephone number or e-mail address(es) we have on record for you or through alternative means, or as otherwise required by law. You should also take care with how you handle and disclose your personally identifiable information. Please refer to the Federal Trade Commission’s Web Site at http://www.consumer.ftc.gov/ for information about how to protect yourself against identity theft.

Your Choices:

Account Information. Individuals who may want to correct or update their personal information may do so by contacting us by email using the contact information below. If we use any of your personal information in a manner that you believe is inconsistent with this Privacy Policy, please contact us so that we may correct such inconsistency. If you wish to deactivate your account, please email us at [email protected] We may continue after deactivation to store the limited information collected about you in connection with your account as required by law or for legitimate business purposes as stated in this Privacy Policy.

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 cookies, but note that doing so does not necessarily affect third party flash cookies used in connection with our Site. For more information about disabling flash cookies, see http://www.adobe.com/products/flashplayer/security. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Site or Service – the Site or Service may not be accessible. In addition, many web browsers support Do Not Track technology. If you enable Do Not Track, we will not use information about your web viewing activities to tailor your online experience on other Service operated by us. Note, however, that our third party advertising providers may continue to use information about your web viewing activities to tailor advertising to your interests across different aspects of the Service even when you have Do Not Track enabled in your browser.

CHILDREN. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. WE DO NOT INTEND THAT OUR SERVICE OR SERVICES BE USED BY CHILDREN. WE REQUEST THAT CHILDREN UNDER THE AGE OF 13 NOT USE OR ACCESS ANY FUNCTIONALITY OF THE SERVICE OR SUBMIT ANY PERSONAL INFORMATION THROUGH THE SERVICE. IF WE ARE ADVISED IN WRITING THAT WE HAVE INADVERTENTLY RECEIVED OR COLLECTED PERSONAL INFORMATION FROM A CHILD UNDER 13 YEARS OF AGE, WE WILL REMOVE SUCH INFORMATION FROM OUR DATABASE.

Your California Privacy Rights. In addition to the other rights described in this Privacy Policy, California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Under the law, a business must either provide this information or permit California residents to opt in to, or opt out of, this type of sharing. You have the right to submit a request to us and receive the following information within 30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information, and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. You are entitled to receive a copy of this information in a standardized format. Information provided will not be specific to you individually. All such requests must be in writing and sent to us at [email protected] We permit California residents to opt out of having their information shared with third parties for direct marketing purposes. If you are a California resident, you may request this information once per calendar year by writing to us at [email protected] In addition, please see the section on “Cookies” above for information regarding our “Do Not Track” policies.

International Users. OUR OPERATIONS ARE CONDUCTED WITHIN THE UNITED STATES. OUR SERVICE IS INTENDED FOR USE BY RESIDENTS OR VISITORS TO THE UNITED STATES WHO ENROLL OR USE THE SERVICE OF ENERGY SUPPLY COMPANIES (E.G., FOR ELECTRICTY USED IN A RENTED APARTMENT, OWNED HOME OR TEMPORARY BUSINESS OFFICE). If you access the Site or Service from outside the United States, your connection may be through and to servers located in your country or the United States. Any personal information you provide may be processed and maintained in the United States on servers and/or other network systems operated by or for our benefit. Regardless of where you live, your use of the Site or Service constitutes your affirmative consent to have your personal information transferred, processed and stored in the United States, and allow us to use and collect your personal information in accordance with this Privacy Policy. IF THE JURISDICTION IN WHICH YOU ARE LOCATED OR YOUR COUNTRY OF ORIGIN HAS LAWS OR REGULATIONS WHICH REQUIRE THAT YOUR PERSONAL INFORMATION BE RECEIVED USED, SAVED, TRANSFERRED AND/OR OTHERWISE HANDLED IN A MANNER DIFFERENT THAN AS STATED IN THIS PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO UTILIZE THE SERVICE, INCLUDING THE SITE. IF YOU ACCESS THE SERVICE FROM AND/OR RESIDE OUTSIDE OF THE UNITED STATES, YOUR INFORMATION MAY BE STORED, TRANSMITTED AND SHARED IN ACCORDANCE WITH U.S. DATA PRIVACY LAWS WHICH MAY NOT BE EQUIVALENT TO THOSE IN EFFECT IN YOUR COUNTRY. YOU EXPRESSLY AGREE THAT YOU WILL NOT USE THE SITE OR SERVICE WITH ANY EXPECTATION OF GREATER PRIVACY RIGHTS THAN THOSE TO WHICH YOU HAVE EXPRESSLY AGREED AS STATED IN THIS PRIVACY POLICY.

Contact Us: If you have any questions about this Privacy Policy, the practices of the Service, or your dealings with the Service, you can contact us by email, [email protected] or phone by calling us at (888) 826-1316.

Severability: If any provision of this Privacy Policy is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Privacy Policy shall remain in full force and effect to the maximum extent permitted by law.

Assignment: The Privacy Policy, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may assign our rights and obligations hereunder to a third party without your consent.

Notifications: For any notices in connection with this Privacy Policy, the Site, or the Service, you can reach us at [email protected] Any notifications to you shall be delivered via email or mail to the addresses you provide in connection with your use of the Service.

ANY DISPUTES OR ACTIONS TO ENFORCE THIS PRIVACY POLICY ARE SUBJECT TO SECTION 8 (CHOICE OF LAW) AND THE DISPUTE RESOLUTION PROCEDURES IN SECTION 9 (MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER; WAIVER OF JURY TRIAL OF THE TERMS AND CONDITIONS) OF OUR TERMS OF USE.