Headquarters EnergyCAP, LLC
360 Discovery Drive
Boalsburg, PA 16827

Denver, CO
Suite 500
5445 DTC Parkway
Greenwood Village, CO 80111

Dublin, Ireland
Unit F, The Digital Court, Rainsford Street,
Dublin 8, D08 R2YP, Ireland

Phone: 877.327.3702
Fax: 719.623.0577

EnergyCAP, LLC Privacy Policy 

Last modified September 5, 2023 

EnergyCAP, LLC (ENC) values its users’ privacy. This Privacy Policy (“Policy”) will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with EnergyCAP, LLC of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards. 

We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time EnergyCAP, LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner. 

This Policy applies to EnergyCAP, LLC, and it governs all data collection and usage by us. Through the use of the EnergyCAP platform, its applications and the EnergyCAP websites.  You are therefore consenting to the data collection procedures expressed in this Policy. 

Please note that this Policy does not govern the collection and use of information by companies that EnergyCAP, LLC does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected. 

Specifically, this Policy will inform you of the following: 

  1. What personally identifiable information is collected from you through our website. 
  2. Why we collect personally identifiable information and the legal basis for such collection. 
  3. How we use the collected information and with whom it may be shared. 
  4. What choices are available to you regarding the use of your data. 
  5. The security procedures in place to protect the misuse of your information. 

Information We Collect 

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as: 

  • Voluntarily provided information which may include your name, address, email address and password. which may be used when you purchase products and/or services and to deliver the services you have requested.  This information is the only personal identifiable information (PII) stored within the EnergyCAP application. This information is stored and transferred in an encrypted state. 
  • Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs. 
  • Metered energy data, gas, water, utility bills, sensor data and other data of your company/buildings that you will upload onto the platform to create performance metrics, insights, reports, notifications etc. This information is not considered to be PII. 
  • Energy related information uploaded or entered into the EnergyCAP suite of applications by registered users. This information is not considered to be PII. 

In addition, EnergyCAP, LLC may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race, and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service. 

EnergyCAP, LLC may also deem it necessary, from time to time, to follow websites that our users may frequent to glean what types of services and products may be the most popular to customers or the general public. 

Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy. 

Why We Collect Information and For How Long 

We are collecting your data for several reasons: 

  • To better understand your needs and provide you with the services you have requested. 
  • To fulfill our legitimate interest in improving our services and products. 
  • To send you promotional emails containing information we think you may like when we have your consent to do so. 
  • To contact you to fill out surveys or participate in other types of market research when we have your consent to do so. 
  • To customize our website according to your online behavior and personal preferences. 
  • Process your energy data to create notifications, reports, insights and manage your users and account. 
  • EnergyCAP, LLC will keep your data for the whole duration of your software license. The data will be archived after your license expires and securely deleted according to data retention policies. 
  • Process your energy data to create notifications, reports, insights and manage your users and accounts. 

The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy. 

Use of Information Collected 

EnergyCAP, LLC does not sell, rent, or lease any of its customer lists and/or names to any third parties. 

EnergyCAP, LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.EnergyCAP.com. 

EnergyCAP, LLC may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered. 

Disclosure of Information 

EnergyCAP, LLC may not use or disclose the information provided by you except under the following circumstances: 

  • as necessary to provide services or products you have ordered. 
  • in other ways described in this Policy or to which you have otherwise consented. 
  • in the aggregate with other information in such a way so that your identity cannot reasonably be determined. 
  • as required by law, or in response to a subpoena or search warrant. 
  • to outside auditors who have agreed to keep the information confidential. 
  • as necessary to enforce the Terms of Service. 
  • as necessary to maintain, safeguard and preserve all the rights and property of EnergyCAP, LLC. 

Non-Marketing Purposes 

EnergyCAP, LLC greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in EnergyCAP, LLC products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice. 

Children under the age of 13 

EnergyCAP, LLC’s website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) should seek and obtain parent or guardian permission to use this website. 

Unsubscribe or Opt-Out 

All users and visitors to our website have the option to discontinue receiving promotional communications from us. You may manage your email preferences or  unsubscribe  at any time. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. EnergyCAP, LLC will continue to adhere to this Policy with respect to any personal information previously collected.  

Links to Other Websites 

Our website does contain links to affiliate and other websites. EnergyCAP, LLC does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website. 

This website, its contents, and user-submitted data are hosted by EnergyCAP, LLC’s service provider, HubSpot, which maintains a separate  Privacy Policy. 

Data Protection Rights 

EnergyCAP users, including users of any applications within the EnergyCAP platform and EnergyCAP websites, should be aware of their data protection rights, which are as follows, please note that some of these services may include a fee: 

  • Users can access all your data through the EnergyCAP platform and handle it as needed. You have the right to request copies of your historical uploaded data. 
  • Users have the right to request that EnergyCAP, LLC correct any personal information you believe you have uploaded inaccurately or may be incomplete.  
  • Users have the right to request that EnergyCAP, LLC erase your data, or you can do it through the application, under certain conditions. 
  • Users have the right to request that EnergyCAP, LLC restrict the processing of your data. 
  • Users have the right to request that EnergyCAP, LLC provide a backup of the data that we have collected.  

If a request is made, EnergyCAP, LLC has up to 7 days to respond and provide details of how long it would take to complete the request. 

Notice to European Union Users 

Some of EnergyCAP, LLC’s operations are located in the United States. If you provide information to EnergyCAP, the information could be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to EnergyCAP, you are consenting to its storage and use as described in this Policy. 

Compliance with GDPR 

The GDPR requires the creation of a data protection officer at all companies that operate with the “regular and systematic monitoring of data subjects on a large scale”, which indirectly falls within the scope of EnergyCAP services. Personal information collected by EnergyCAP, LLC and the EnergyCAP platform and websites is defined in this document.  

EnergyCAP, LLC has appointed a Data Protection Officer within the company who is responsible for ensuring that personal data is secure at any moment, making sure that the cloud provider and third-party systems used by EnergyCAP, LLC and the EnergyCAP platform itself have taken “appropriate security measures against unauthorized access to, processing or unauthorized alteration, disclosure or destruction of the data”. 

GDPR related requests or questions can be directed to security@energycap.com 

Security 

EnergyCAP, LLC takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g., credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage. 

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure, or modification of the user’s personal information under our control. 

The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. 

Acceptance of Terms 

By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes. 

How to Contact Us 

If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address. 

Email:security@energycap.com