Privacy Policy

Effective: November 17, 2011

Genability provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of the Genability Services. This Privacy Policy applies only to information that you provide to us through the Genability Services. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in the Terms of Service.

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Information Collection and Use

When registering and using the Genability Services, we will ask you for certain personally identifiable information. This refers to information about you that can be used to contact or identify you, and information on your use or potential use of the Genability Services ("Personal Information"). Personal Information that we might collect would include things like, your name, phone number, credit card or other billing information, email address, home and business postal addresses, energy usage and energy equipment, and other information.

We use Personal Information for the following purposes: (i) to administer your inquiries, (ii) to provide, improve and optimize the Genability Services, (iii) to better understand users needs and interests, (iv) to verify your authorization to use the Genability Services and to personalize your experience, (v) to provide you with updates and/or product announcements, and (vi) to provide you with further information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or select the appropriate option in your Account.

We also collect other information that you provide as part of registration and the administration and personalization of your Account (e.g., without limitation, zip code (on its own) and individual preferences) ("Non-Identifying Information"). Certain Non-Identifying Information (which would be considered a part of your Personal Information if it were combined with other identifiers, such as your zip code and street address in a way that enables you to be identified) is considered Non-Identifying Information when it is taken alone or combined only with other non-identifying information. We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users of the Genability Services to attempt to provide you with a better experience, to improve the quality and value of the Genability Services and to analyze and understand how the Genability Services are used.

Cookies. We use "cookies" to collect certain information. A cookie is a small data file that we transfer to your computer's hard disk to recognize your browser and capture and remember certain information. We may use cookies to understand and save your preferences for future visits. Third party advertisers may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions or all functionality of the Genability Services.

Log Data. When you access or use the Genability Services, our servers automatically record certain information that your browser or applications sends ("Log Data"). This Log Data may include information such as your computer's Internet Protocol (IP) address, areas of the Genability Services that you visit, the time spent in and calls made to those areas, information you access or search for through the Genability Services, access times and dates, data you submit, Accounts you create and manage, and other statistics. We use this information to monitor and analyze use of the Genability Services and for its technical administration, to increase the functionality and user-friendliness of the Genability Services, and to better tailor them to our users' needs. We also use this information to verify that users of the Genability Services meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Information Sharing and Disclosure

Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers. We may employ third party companies and individuals to facilitate or provide certain Genability Services on our behalf, to perform related services (e.g., without limitation, maintenance services, database management, and improvement of its features) or to assist us in analyzing how the Genability Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications.

Compliance with Laws and Law Enforcement. We will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Genability or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Business Transfers. We may sell, transfer or otherwise share some or all of our assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information

You may review, update, correct or delete your Personal Information through your Account or by contacting us. If you completely delete all such information, then your Account will become deactivated and you will not be able to access the Genability Services through your Account. If you would like us to delete your record in our system, please contact us with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request, however, we may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

We employ limited data security measures, such as encryption, on some but not all systems. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Genability Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Genability transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

The Genability Services and/or our website may contain links to other websites. The fact that we link to a website or include an advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Children's Information

The Genability Services target an adult audience and are not directed to children. We do not knowingly collect personal information from anyone under 13 years of age. If we become aware that a user is under the age of 13 and has provided us with Personal Information without verifiable parental consent, we will delete such information from our files.

Changes to our Privacy Policy

We reserve the right, in its sole discretion, to modify this Privacy Policy at any time. If we modify this Privacy Policy, we will notify you of such changes by posting them on the Genability Services or providing you with notice of the modification. We will also indicate when such terms will become effective. By continuing to access or use the Genability Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Genability Services.

Contacting us

If you have any questions or concerns about our privacy policy, please contact our privacy team through privacy@genability.com.