Privacy Policy

Decent Energy, Inc.

Privacy Policy

Effective Date- September 23, 2009

I. Introduction

Decent Energy, Inc. (“Decent Energy”) takes your privacy very seriously.  This privacy policy, effective as of the date set out above, and updated from time to time as provided herein, describes what personal information Decent Energy collects and how it uses, safeguards and shares that information (this “Privacy Policy”). 

This Privacy Policy:

- forms a part of Decent Energy’s General Terms and Conditions, a current version of which is posted at Decent Energy’s website located at the principal url of which is www.decentenergy.com (the “Site”);

- uses the term “personal information” to refer to information that is directly associated with, or could be used to identify a specific person;

- sets out different categories of “personal information” to make it easier for you to understand how the Policy applies to you;

- applies broadly whether the personal information was obtained directly through the Site, or we use any electronic means to collect, store, use or process the data;   

- describes the types of personal information we collect, use, share, your options for controlling how the personal information you provide is used, and the safeguards that we employ;

- is modified only by posting an updated policy and a summary those changes on the “Privacy” section of the Site.

This Privacy Policy applies to:

- visitors to the Site;

- our customers;

- any other party whose contact information we may have collected through trade show exhibition, search of relevant lead sources, or otherwise in the course of conducting our business;

However, this Privacy Policy does not apply to the personal information of:

             - our own employees and independent contractors,

             - our vendors,

- subcontractors who undertake installation work for us under a complete, integrated written agreement;

- contractors that we license as “Installer Dealers” under a complete, integrated written license agreement;

 all of which is covered under a different privacy policy that is specific to those relationships.

 The balance of this Privacy Policy is organized in the following sections:

II.         Definitions

III        Kinds of Personal Information that Decent Energy Collects

IV.       Use of Personal Information by Decent Energy

V.        Sharing of Personal Information (Onward Transfer)

VI.       Controlling Use of Personal Information (Choice)

VII.      Safeguards

VIII.     Additional

By using the Site and by placing any order, you consent to the collection and use of information in the manner described below. 

II Definitions

The following defined terms apply to personal information under this Policy:

“Financial Data” is a term that we use to include each of the following more specific definitions:

“Cardholder Data”  refers to that personal information that is governed by all applicable legal and Visa USA, Inc., MasterCard International and other applicable card association requirements, and is consistent with good business practices with respect to the collection and use of customers’ personally identifiable information, security and dissemination of Cardholder data obtained in connection with Card transactions.  Specific examples of “Cardholder Data” include:

-Primary Account Number;

-Cardholder Name (where connected with other Cardholder Data);

-Service Code;

-Expiration Date;

-Magnetic Stripe;

-CVC2/CVV2/CID

-PIN/PIN Block

“Utility Financial Data” refers to:

(a) any account numbers associated with your electric, gas or other utilities and any related information necessary to assisting with your participation in a rebate or demand response program offered by a utility service provider or a public benefit fund; and

(b) your payment history in connection with such accounts, including the charges that are specific to your utilization.

“93H Data” applies primarily in the context of persons or businesses that are residents of the Commonwealth of Massachusetts.  By “93H Data”  we refer to non-public data subject to the protections of MGL 93H and 201CMR 17 (as amended) consisting of a resident’s first and last name in combination with any one or more of the following data elements that relate to such resident:

(a) Social Security number;

(b) driver’s license number or state-issued identification card number; or

(c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to a resident’s financial account.

“Non-Financial Data” means any and all of the following personal information to the extent that you have not made them public:

-Name,

-Address

-Phone Numbers

-Fax Number

-Pager

-Email Address

-Title

-Company

-Other information pertinent to your area(s) of interest

-IP address

III.  Kinds of Personal Information that Decent Energy Collects

 Decent Energy collects the following kinds and categories of personal information:

A. Information That You Enter or Supply: In the course of placing any Order, signing up with us at a trade show to receive more information, or similar circumstances, you are asked to explicitly provide personal information.

1. Financial Data

The following reflects our practices in connection with the collection of Financial Data:

a. Card Holder Data.  We do NOT collect Card Holder Data whether in connection with processing your payment under a Sales Order, or otherwise.  If you wish to make a payment with a credit card, debit card or check card we will send you an invoice for any deposit and balance due payments that contains a link to Paypal.  Note that you need not have a Paypal account to make a payment to us through Paypal.  We encourage you to use a secure browser from a non-public computer if you wish to use the Paypal service.

b. Utility Financial Data. In performing energy audit, installation, or related services under a sales order we will likely collect Utility Financial Data.

c. 93H Data.  We do not collect 93H Data other than the Utility Financial Data of Massachusetts residents which in some circumstances might be considered within the scope of Massachusetts specific privacy provisions.

2. Non-Financial Data: The Non-Financial Data that we may obtain from you includes: information provided in connection with completing a web based contact form, through email messages or facsimile transmissions that you send to us, through a phone conversation, through a trade show or other in person meeting whether prior to or following a sales order.

B. Information Not Entered or Supplied by You

                               1. Financial Data:

a. Utility Financial Data:  We do obtain Utility Financial Data from directly utilities, after you have executed a fuel data release form.

2. Non-Financial Data: We collect the following Non-Financial Data which you do not supply to us directly:

a. IP Addresses; Referral Sites: Decent Energy may collect information automatically on how visitors use the Site. Decent Energy may also record the IP address of visitors and from which site they entered our Site according to their browser agent.

b. Aggregate Visitor/ Customer Information: Decent Energy aggregates the information it obtains to generate profiles of its entire bases of visitors to the Site.  This aggregate information is entirely statistical and does not include any data that can be linked back to an individual Registered User or Visitor.

c. Personal Information Provided by Employees, Consultants, Partners, Installer-Dealers and Vendors. Employees, consultants, Installer-Dealers, Partners, Vendors and referral sources may provide Decent Energy with Nonfinancial Data regarding their acquaintances, business contacts, prospects, customers and suppliers in the course of interacting with Decent Energy under the applicable agreements.

d.  Other Sources: Other personal information may include that identified from trade show literature that you or your employer may have prepared, or that set out in connection with media releases, sponsorships, or advertisements.

IV. Use of Personal Information by Decent Energy

Decent Energy generally uses the personal information obtained by it to:

-communicate with you and to facilitate Decent Energy’s interactions with you;

-enable placement, deposit, and payment for orders submitted to Decent Energy;

-enable Decent Energy to optimize its offerings; and

-engage in fraud protection and assure legal and regulatory compliance.

In addition, the following specifics apply:

• Email Address: Decent Energy uses email to communicate with you.  These communications include providing transactional information about a specific account, such as a statement for services rendered, to invite, to obtain technical support information, messages discussing Site improvements, feature announcements, newsletters, Decent Energy’s promotional offers, and Partner offers that may be of interest. 

• Telephone Numbers: We may make voice calls to you regarding order acceptance, confirmation, status, and tracking at the work, personal, and or mobile numbers that you supply as a part of your  in connection with a specific order. We may also use telephone numbers to conduct outreach with contacts.  

• Physical Address: Decent Energy aggregates address information collected from visitors to the Site to create a statistical profile of that group.  This information is used to improve Decent Energy’s services, and to develop new products and services, to arrange a site survey, facilitate permitting, and utility and rebate arrangements, order delivery and similar requirements.  We may use the physical address to conduct marketing outreach.

• IP Address: Decent Energy uses the IP addresses of visitors to the Site to help diagnose problems with Decent Energy server’s and to administer the Site.  IP addresses are also used to gather aggregate information such as the geographic distribution of the visitors, and to identify instances where the use of the Site is not in keeping with Decent Energy’s General Terms and Conditions. 

• Referral Sites: When clicking on a link in a web browser, the user agent of the browser software reports to the web sites the address from which the link came.  This does not, however, mean all pages in the history of a web browser are public and transmitted to all sites.  It simply is a means for sites to keep track of which link brought you there.  As such, Decent Energy may use the information to evaluate marketing efforts and to monitor both intentional and unintentional links to our site.

• Comparison for Accuracy: Decent Energy may use personal information to verify your identity and or authority in connection with sales, support or similar interactions.
  

• Enforcement: On occasion Decent Energy may need to use the personally identifiable information to enforce the General Terms and Conditions and any sales order, or otherwise protect Decent Energy’s rights or those of a third party.

V. Sharing of Personal Information (Onward Transfer) by Decent Energy 

Decent Energy never sells, or rents your personally identifiable data.  Other than as described in the following paragraphs, Decent Energy does not otherwise disclose or disseminate protectable personal information with third parties without your consent.

• Partner Offers:  Decent Energy may share with you certain offers available through our partners or vendors in connection with their marketing campaigns.  No information will be provided to partners or vendors unless you chose to have us do so, whether by responding to the promotional offer that we forward to you, or through another opt in election process that we adopt and inform you of.

• Subcontractors/Installer-Dealers; Non Financial Data may shared with our subcontractors and Installer-Dealers when Decent Energy provides a site assessment, energy audit, and or installation services under a Sales Order, provided that any subcontractor or Installer-Dealer has agreed in writing to abide by this Privacy Policy and use the information provided solely to perform their responsibilities..
  

• Rebate Processing and Public Benefit Program Participation:  In connection with confirming your eligibility, the processing of rebate applications and assisting you with participating in energy related incentive programs run by utility providers or third party administrators we may need to disclose some or all of the Utility Financial Data.

• Vendors: Certain of your personal information may be provided to Vendors in connection with fulfillment, shipping, facilitating product warranty registrations, assisting in product warranty administration and product support.

• Laws, Regulation, Enforcement, Auditing and Reporting: If Decent Energy is required either by law or pursuant to a subpoena (or to protect its rights or property), it will disclose protectable personal information only to the extent so required.   If Decent Energy suspects any possible fraudulent activity, or similar violations of legal requirements (for example a violation of anti-money laundering provisions) Decent Energy may, in its discretion, make disclosure to the applicable authority or regulator in connection with any investigation or in order to fulfill its own legal obligations.

VI.  Controlling Use of Personal Information by Decent Energy

There are several ways in which you may control how Decent Energy uses the personal information you provide:

• Email address: If you do not wish to receive unsolicited emails from Decent Energy you can send an email message to This e-mail address is being protected from spambots. You need JavaScript enabled to view it that contains the subject line “Unsubscribe.”

• Cardholder Data: As described above Decent Energy does not solicit Cardholder Data from you under any circumstances (and any person claiming otherwise is not our authorized representative). Instead, Decent Energy allows you to remit payment through use of a Paypal, where you have an opportunity to opt out of storing your Cardholder Data.  The Paypal service is governed by its own privacy policy, a copy of which is posted at:

http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside

• Policy Doesn’t Apply to Links on the Site: If you click away from the Site to the web site of any third party advertiser or sponsor, you may be asked for your Cardholder Data or other personal information in order to purchase or use products and services offered elsewhere. These companies have their own privacy and data collection practices.  Decent Energy has no responsibility or liability for these independent policies.  You should therefore review their privacy policies carefully if you have concerns about how your information may be used. 

VI.  Safeguards

On or before the 93H compliance deadline (currently March 1, 2010) we will be updating this Privacy Policy to include a summary of the safeguards that we apply as a part of our privacy and data protection practices both as to 93H Data specifically and more generally. 

VII.  Contact Information

Any questions about this Privacy Policy or privacy and data protection concerns should be directed to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or write to us at: Decent Energy, Inc., 4745 W 136^th St, Suite 10, Leawood, KS 66224,

Attn: Privacy Officer.