Privacy Policy

 

ENERGY USA INC., including all its subsidiaries and affiliates, ("ENERGY USA INC.,," "we," "our," and "us") is concerned about privacy issues and wants you to be familiar with how we collect, use, disclose, share and protect your personal information. 

SCOPE AND CONSENT

You accept this Privacy Policy when you access or use the ENERGY USA INC., website (or any of our international websites or applications) and any products, services software, tools, applications, features or functionality offered on or through the website or mobile application (including any ENERGY USA INC. Independent Consultant personal web pages provided through the website) (collectively, the “Site”). You may be accessing our Site from a computer or mobile phone device (through an iPhone or iPad application, for example) or through an ENERGY USA INC. mobile application, and the provisions of this Privacy Policy apply to all such mobile access and use of mobile devices. We may add additional Sites from time to time as we expand our offerings and this Privacy Policy will govern those new Sites when added.

We also like to interact with you on third-party sites where we post content or invite your feedback, including sites such as Instagram, Facebook, Twitter, Pinterest and YouTube ("Third-Party Sites"). Please read the privacy policies of those social platforms, because your posts published on those platforms will no longer be governed by this Privacy Policy, except to the extent you provide or disclose your personal information via a private messaging function. In addition, if you access third party websites or applications (including by providing such third parties your ENERGY USA INC. credentials), and share your personal information with such third parties, please read the privacy policies of such third party to learn more about their collection, use and sharing of your personal information.

Because our business will continue to evolve, from time to time our policies will be reviewed and may be revised. We reserve the right to change this Privacy Policy at any time and notify you by posting an updated version of the Privacy Policy. We recommend that you review this Privacy Policy from time to time during visits to the Site and note any changes before your continued use of the Site. Your continued use of the Site after we post any revisions to this Privacy Policy constitutes your acceptance of the revised terms and conditions. It is your responsibility to periodically check this page so that you are aware of what information we collect, how we use it, and under what circumstances we might disclose it. The amended Privacy Policy will apply between us whether or not we have given you specific notice of any change. By using the Site, you agree to the terms of this Privacy Policy and our Terms and Conditions. If you do not agree to the terms of this Privacy Policy and our Terms and Conditions, please do not use the Site.

INFORMATION COLLECTED ABOUT YOU

We collect the following types of personal information in order to provide you with the use of the Site and to help us personalize and improve your experience.

1. Information we collect automatically: When you use the Site, we collect information sent to us by your computer or mobile device. The information sent to us includes, but is not limited to, the following:

a. IP Addresses: Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, analyzing trends, including suspicious activity detection and prevention, administering the Site, tracking traffic patterns, and gathering demographic information for aggregate use. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. If you access the Site or application via a mobile device such as a smartphone, the collected information may also include your phone's unique device ID, location, and other similar mobile device data.

b. Environmental Variables: We and our service providers may also collect certain environmental variables, such as your computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and may be used to optimize your experience on the Site.

c. Cookies: We and our service providers use "cookies" on the Site. Cookies are data that a web server transfers to an individual's computer for record keeping purposes. Cookies are industry standard and used by most websites, and can facilitate users' ongoing access to and use of a particular website. Cookies do not cause damage to your computer systems or files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. Please note that this may not be possible for all cookies, as some are necessary for you to experience and browse through a website; in addition, the removal of cookies may degrade your online service experience. We are continuously working to make your experience on our Site better. To this end, we generally use Google Analytics (or other similar web analytics tool) to assist us in better understanding your use of our Site. Such web analytics tool may place cookies on your computer to collect information on our behalf that will show us how you come to our Site and how you use and navigate our Site. More information about data collected by Google can be found at https://policies.google.com/technologies/partner-sites. Some of our other business partners and service providers may also use cookies on the Site. We have no access to, or control over, these cookies placed by our business partners and do not accept any responsibility for such use.

d. Pixel Tags: We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Site pages and HTML-formatted email messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors' hard drives. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when an email has been opened. 

 2. Information you provide to us: We may collect and store any information you provide us when you use the Site. For example, when you decide to complete a user registration form, complete an online survey or make a purchase, you may be asked to provide certain information such as your contact information (name, email address, mailing address and telephone number). If you decide to place an order, we will also need to know your delivery and billing address, credit card number and expiration date. Enrolling Independent Consultants are also asked to provide their date of birth, Social Security number and other personal information, which is required in order to begin a Consultantship.

We may also collect information from or about you from other sources, including through your contact with us, our Sales Support Department or your results when you respond to a survey. Additionally, for quality and training purposes or for our own protection, we may monitor or record our telephone conversations with you or anyone acting on your behalf. By communicating with ENERGY USA INC., you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning.

To protect your personal information, users registering at the Site must also enter name and email address. Once you are a registered user, information required to make a purchase is stored in your account— shipping and billing addresses. If you change your mind about storing this information, you can email the Sales Support Department at info@product.energy to amend or delete this information. If you would prefer that we not collect any such personal information from you, please do not provide us with any such information. Please note that, notwithstanding anything to the contrary herein, your credit card or debit card information (“Credit Card Holder’s Information (CCHI)”) will be used for payment on the spot and it may be kept in your account in a tokenized format for future payments or regular payments. ENERGY USA INC. does not handle any CCHI on its own and such CCHI is handled by external operators that manage the CCHI in accordance with the PCI data security standards and other industrial standards.

When you submit personal information on the Site, you are giving your consent to the collection, use and disclosure of personal information about you as set forth in this Privacy Policy. Please note that if you choose to share information about yourself in an open format, such as through a Third-Party Site such as Facebook or Twitter, we may consider some of that information to be public information—and not personal information. 

3. Anonymous data: Throughout this Privacy Policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous so that it does not identify a specific user. Nor do we consider general information such as your geographic location, age group, gender, product and/or cosmetic concerns, and the brands and products that you use when you voluntarily provide such information to us, as “personal information,” when not combined with information that can be used to personally identify you or any other user.

Please note that if we combine any non-personal information with personal information, the combined information will be treated by us as personal information as long as it is so combined.

HOW WE USE PERSONAL INFORMATION

Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:

1. Process transactions and send notices about your transactions. When you make a purchase through the Site, billing address and other information related to such purchase (collectively, "Payment Information") from you, and may use such Payment Information in order to fulfill your purchase.

2. Provide marketing information and newsletters to you regarding our products and promotions. If you prefer not to receive such emails, you can opt-out on the MyOffice page. You may receive the benefit of hearing from ENERGY USA INC. via postal mail or phone even if you have opted-out from receiving these marketing emails, unless you explicitly withdraw your consent to our use of your personal information as outlined in this Privacy Policy.

3. Permit emails to friends. We may provide functionality to permit you to send messages regarding Site-related content to a friend through the Site. If you wish to use this feature, you may provide us with your friend's email address so that we can facilitate the sending of your message to your friend. Please note that you are responsible for ensuring you have obtained permission from your friend before sharing your friend’s information with us. 

4. Provide sales support.

5. Send administrative communications regarding the Site, service-related announcements, etc., which are necessary to serve you, respond to your concerns and to provide the high level of customer service that ENERGY USA INC. offers. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications unless you explicitly withdraw your consent to our use of your personal information as outlined in this Privacy Policy. 

6. Verify your identity, including during account creation and password reset processes. 

7. Manage risk, or to detect, prevent, and/or remediate suspicious account activity or other potentially prohibited or illegal activities.

8. Manage and protect our information technology infrastructure.

9. Contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by our Terms and Conditions and the Consultant Agreement.

10. Provide targeted marketing and advertising, provide service update notices, and deliver promotional offers based on your communication preferences.

11. Detect, prevent or remediate violations of our Terms and Conditions or Policies and Procedures, as stated in the Consultant Agreement.

HOW WE SHARE PERSONAL INFORMATION WITH OTHER THIRD PARTIES

We may share the personal information we collect from you, including your name, contact details, and transactions and activities, in connection with:

1. Communications to Independent Consultants: When you submit personal information on this Site, the information that you provide may be shared with Independent Consultants if you choose to be associated with an Independent Consultant. If you so choose, we may share your name, phone number, email address and other personal information with Independent Consultants, who may, in turn, share your personal information with their Upline organization (those Independent Consultants who directly or indirectly sponsor the Independent Consultant (an “Upline”)). Independent Consultants may use this information for the purposes outlined in this Privacy Policy and in the Consultant Agreement, including to follow up on orders you placed on the Site or contact you with other special offers from ENERGY USA INC.

2. Emails to Friends: Please note that any personal information you provide in connection with sending messages regarding Site-related content to a friend through the Site, such as your name and your email address, will of course be disclosed to your friend.

3. Assignment: We reserve the right to transfer any and all information that we collect from Site users to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of ENERGY USA INC. ' business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). 

4. Other Non-affiliated Parties, including service providers, such as:

a. Suspicious Activity Prevention and Risk Management: to help prevent suspicious activity or assess and manage risk. For example, at the time of order, we may collect and share your email, phone number, billing and shipping addresses and device information (including IP address and geographic location) with our service provider.

b. Shipping: in connection with shipping products you may have ordered through the Site.

c. Other Service Providers: to enable service providers under contract with us to support our business operations, such as bill collection, marketing, customer service and technology services.

Please note that our employees and service providers may be located in foreign jurisdictions, and your personal information may be subject to the laws of those foreign jurisdictions and accessible to law enforcement and other authorities.

TRANSFER OF INFORMATION OUTSIDE YOUR HOME COUNTRY 

Because ENERGY USA INC. is headquartered in the United States, we may transfer information collected from our non-U.S. customers to the U.S. similarly, we may also transfer our customer information (regardless of where you live) to other countries or places in which we maintain offices or do business, including Europe, Australia, Canada, and Japan. By using an ENERGY USA INC. website or application or by otherwise doing business with ENERGY USA INC., you are agreeing to allow us to transfer your information outside your home country and to process it inside the United States or elsewhere for the purposes stated in this Privacy Policy.

LAW ENFORCEMENT; EMERGENCIES; COMPLIANCE

Notwithstanding any other provision of this Privacy Policy to the contrary, we reserve the right to disclose your personal information to others as we believe to be appropriate: (a) to comply with legal process; (b) to respond to governmental requests; (c) to enforce our Terms and Conditions; (d) to protect our operations; (e) to protect the rights, privacy, safety or property of ENERGY USA INC., you or others; and (f) to permit us to pursue available remedies or limit the damages that we may sustain. We may disclose any information we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including personal information, with other companies and organizations for credit protection and risk reduction.

CHILDREN UNDER 13

We comply with the Children's Online Privacy Protection Act of 1998. The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals not provide personal information through the Site. If you are under 13 years of age, you may browse our Site; however, you may not provide personal information to us. For example, you cannot register or make a purchase. This policy is designed to protect children. Federal law requires us to take special steps to safeguard children's privacy. For more information about this federal law and about children's privacy, visit the Federal Trade Commission. If you register with us and we discover that you are under 13, we will delete such registration. If you are under 13 and want to make a purchase, please ask a parent or guardian to place the order for you.

LINKS

The Site may contain links to third-party websites. These linked sites are not under ENERGY USA INC. ' control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by ENERGY USA INC. If you provide any personal information through any such third-party website, your transaction will occur on the third-party's website (not the Site) and the personal information you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE INDEPENDENT CONSULTANTS.

HOW WE SECURE YOUR INFORMATION

We realize that our customers trust us to protect their personal information. We take that task seriously. We maintain physical, electronic and procedural safeguards to protect your personal information. We implement various security measures and tools, such as firewalls, to help protect against the loss, misuse and alteration of the information under our control. For example:

• We use industry-standard Secure Sockets Layer ("SSL") authentication to guarantee the confidentiality of online transactions made on our Site. SSL authentication and encryption of the information that you send to us over the Internet help protect your online transaction information from third-party interception.

• We do not have access to your full credit card number. Our credit card processor only provides us with partial data for verification purposes.

• Data transmission over the Internet or data storage system cannot be guaranteed to be 100% secure. There is always a risk that third parties may unlawfully intercept transmissions. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised), please notify us of the problem by emailing us at info@product.energy.

MEASURES YOU CAN TAKE

It is important for you to play a role in keeping your information safe and secure. When signing up for an online account, please be sure to never reveal your password to anyone else. If you use a shared or public computer, never choose to have your login ID or password remembered and make sure to log out of your account every time you leave the computer.

UPDATING AND ACCESSING YOUR INFORMATION

You have the ability to change and/or correct the personal information that you provide us by using the „My Office“ page after logging in on the Site. You have the right to ask in writing us at info@product.energy whether we hold any personal information about you, to see that information, and how we collect, use or disclose your personal information. We may not be able to provide you with all the information that you request, depending on the circumstances, and there may be a charge for any copy of personal information requested. You may request that we deactivate your account by emailing us at info@product.energy.

Please note that we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed. We also reserve the right, from time to time, to re-contact former users of the Site unless the former user has explicitly withdrawn consent. You may withdraw your permission to collect, use and disclose your personal information at any time, subject to legal and contractual restrictions and reasonable notice. However, without your permission we may not be able to provide you with the products or services you have requested.

OPT-OUT FOR MARKETING & PROMOTIONAL CORRESPONDENCE

You may opt-out of receiving future emails from ENERGY USA INC. when you register at the Site or otherwise provide your contact information to ENERGY USA INC. Please note that this opt-out only applies to ENERGY USA INC. promotional emails and does not apply to communications to serve you unless you have explicitly withdrawn consent for us to use your personal information, or to other communications which may reference ENERGY USA INC., e.g., from an Independent Consultant. You may opt-out of receiving Promotional Emails by emailing us at info@product.energy.

We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove personal information from the databases of Independent Consultants or third parties with which we have already shared personal information (i.e., to which we have already provided personal information about you as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related emails from such Independent Consultants or third parties, please contact such Consultants or third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.

FOR CALIFORNIA RESIDENTS

This section describes how we handle the personal information of California residents (as defined in Section 17014 of Title 18 of the California Code of Regulations), and the rights they have under the California Consumer Privacy Act of 2018 ("the CCPA"). We do not sell personal information of California residents to third parties, nor do we share it with them for their marketing purposes without consent. For information on how we use cookies and other tracking technologies please read about cookies in the section titled “Information we collect automatically”. If you are a California resident, California law permits you to request Information regarding the:

• Categories of personal information (as defined by applicable California law) collected, sold or disclosed by us;

• Purposes for which categories of personal information collected by us are used;

• Sources of information from which we collect personal information; and

• Specific pieces of personal information we have collected about you.

In addition, if you are a California resident you may:

• Opt-out of the sale or disclosure of your personal information, in some circumstances;

• Opt-out of receiving marketing communications from us; however, you may still receive administrative communications regarding the services;

• Opt-in to certain financial incentive programs we may offer related to the collection, sale, or deletion of your personal information; and

• Request deletion of your personal information by us and our service providers, in some circumstances.

You will not be discriminated against for exercising your rights under the California Consumer Privacy Act.

Collection of Personal Information from California Residents

We have listed below the personal information categories that we may have collected from California residents in the past 12 months.

1. Identifiers 

a. Source: Directly from consumers & consumer data resellers

b. Business Purpose: To provide you with a secure, efficient, and customized experience

2. Personal Characteristics 

a. Source: Directly from consumers & consumer data resellers

b. Business Purpose: To provide you with a secure, efficient and customized experience 

3. Internet/Electronic Activity

a. Source: Directly from consumers & analytics vendors (like Google Analytics)

b. Business Purpose: To provide you with a secure, efficient, and customized experience and to improve our products

4. Geolocation Data

a. Source: Directly from consumers & analytics vendors (like Google Analytics)

b. Business Purpose: To provide you with a secure, efficient, and customized experience and to improve our marketing efforts.

5. Professional Information

a. Source: Directly from consumers & consumer data resellers

b. Business Purpose: To provide you with a secure, efficient, and customized experience and to improve our marketing efforts.

6. Inferences

a. Source: Directly from consumers & consumer data resellers

b. Business Purpose: To provide you with a secure, efficient, and customized experience and to improve our products.

Requests

You can make requests related to your California privacy rights at info@product.energy.

Please be aware that we do not accept or process requests through other means (e.g., via fax, chats, social media, etc.).

When you make a request, we may ask you to provide verifying information, such as your name, registration number, email, or phone number. We will review the information provided and may request additional information via email or other means to ensure we are interacting with the correct individual. Please also be aware that making any such request does not ensure complete or comprehensive removal or deletion of personal information or content you may have posted, and there may be circumstances in which the law does not require or allow us to fulfill your request.

California law also provides that California residents are entitled to know how the www.product.energy website responds to “Do Not Track” browser settings. Like many other websites and online services, this website does not currently alter its practices when it receives “Do Not Track” signals. To find out more about “Do Not Track,” and for opt-out information, you may wish to visit the Future of Privacy Forum.

NEVADA RESIDENTS

Nevada law allows customers to “opt out” of the sale of certain personal information, called “covered information.” Although we do not “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, you may contact us by email at info@product.energy provide your name, Nevada resident address, and email address to be verified and exercise your opt-out rights in the event we do sell covered information under that law in the future. If your contact information changes at any point, contact us in the same manner to update your contact information. For more information about our data collection and sharing practices, please review this Privacy Policy. We may share your data as explained in this Privacy Policy for different purposes, such as to make your experience and our services better, and those activities are separate from the opt out request.

SOCIAL COMMERCE AND OTHER THIRD PARTIES

We work with trusted third parties, including social network sites such as Facebook, and with applications and developers who specialize in social commerce, so that we can connect to your social networks. Other social networks we use include Twitter, Pinterest, Instagram, Vine and YouTube. All of these companies operate Third-Party Sites. We provide access to our Site by third parties and business partners so that we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network. The use of any features made available to you on our Site by a third party may result in information being collected or shared about you by us or by the third party. If you do not want us to be able to access information about you from Third-Party Sites, you must instruct Third-Party Sites not to share the information. We cannot control how your data is collected, stored, used or shared by Third-Party Sites or to whom it is disclosed. Please be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Third-Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt-out of sharing such information. ENERGY USA INC. is not responsible for how these third parties may use information collected from or about you. However, we do identify any areas on our Site where third parties share information about you.

OTHER INFORMATION

The Site is controlled and operated by ENERGY USA INC. from the United States, and is not intended to subject ENERGY USA INC. to the laws or jurisdiction of any state, country or territory other than that of the United States. ENERGY USA INC. does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

CONTACT US

If you have any questions, comments, concerns or complaints about the Site's privacy practices, please contact us by email at info@product.energy. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.