Privacy Agreement

Last updated March 11, 2024

At Energy Creates ("Energy"), we value our relationship with you. It is our responsibility in protecting and keeping private our customers' and partners' information. We place a high priority on your personal privacy and remain committed to protect it. This 'Privacy Agreement' has been developed to comply with the Ten Privacy Principles set out in the federal government’s privacy legislation, the Personal Information Protection and Electronic Documents Act ("PIPEDA").

In this Privacy Agreement, ‘we’, ‘our’, and ‘us’ refer to Energy, and ‘you’ and ‘your’ refer to each customer, prospective customer, or any individual or corporation who engage with us in other related ways, including any sales, marketing, or events, and any user of any website of ours that links to this Privacy Agreement. The term ‘Personal Information’ refers to information in any form about an identifiable individual (e.g., contact information, account numbers, or details such as age, marital status, business, and financial information). Energy is accountable for all Personal Information in our possession.

By accessing any of the Energy websites that link to this Privacy Agreement or by choosing to submit Personal Information by engaging with us as a customer, prospective customer, or other related ways, including any sales, marketing, or events, you signify your consent to all of the terms of this Privacy Agreement. We encourage you to read this Privacy Agreement so that you can understand how we collect, use, share, store and protect ("Process") your Personal Information when you use our services ("Services"). This Privacy Agreement will continue to apply for as long as Energy holds your Personal Information, including after the termination of any of your product or service agreements with us. By providing us with Personal Information, you are consenting to the collection, use and sharing of your information as set out in this Privacy Agreement.

We may amend this Privacy Agreement and our other privacy-related documents from time to time to take into consideration changes in legislation or other issues that may arise at our sole discretion. Any changes we make to this Privacy Agreement will be effective when we post the revised Agreement on our website. If we intend to use or disclose your Personal Information for purposes materially different from what is described in this Privacy Agreement, we will take reasonable steps to notify you. We encourage you to review the Privacy Agreement whenever you interact with us to stay informed about our information practices, as your continued use of our Services or provision of Personal Information after changes have been made to this Agreement constitutes your acceptance of those changes. It is your responsibility to ensure that you read, understand, and accept the latest version of the policy. The date at the end of this policy indicates when it was last revised.
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Principle 1 – Accountability

We aim to protect your Personal Information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any Personal Information we Process. However, despite our safeguards and efforts to secure your Personal Information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your Personal Information. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Services is at your own risk. You should only access the Services within a secure environment.

If at any time you have a concern about the handling of your Personal Information, then please reach out to us at info@energycreates.com.
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Principle 2 – Identified Purposes

We collect Personal Information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us. All Personal Information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such Personal Information.

The Personal Information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. We will collect, use and disclose Personal Information as is reasonably required to:

Identify you and ensure the accuracy of your Personal Information;
Establish and maintain communications with you, including responding to your enquiries;
Offer and Provide ongoing Services to you;
Determine and facilitate your payment of fees;
Respond to your inquiries and contact you through telephone, email, and other appropriate communication channels;
Meet regulatory and legal requirements; and
Protect against fraud or other illegal activities.

If we use your Personal Information for any other purpose than listed above, we will explain the purpose and obtain your consent. We may use your Personal Information for other purposes with your consent or as permitted or required by law.

We also may collect, use or disclose your Personal Information to our affiliated companies, or any other person, corporation, firm or enterprise as reasonably required for the purposes stated above.

Personal Information may be collected by entities, or transferred, outside of Canada for processing, storage, analysis or disaster recovery and may be subject to disclosure to those authorized under applicable laws of the foreign jurisdiction.

How Do We Handle Your Social Logins

Our Services may offer you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain Personal Information about you from your social media provider. The Personal Information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other Personal Information you choose to make public on such a social media platform.

We will use the Personal Information we receive only for the purposes that are listed above, described in this Privacy Agreement, or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your Personal Information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your Personal Information, and how you can set your privacy preferences on their sites and apps.

Principle 3 – Consent

Collecting Your Personal Information

Personal Information may be collected from you directly, from your interactions with us, and from other sources outside our organization with whom you have arrangements or in accordance with their respective terms and conditions and/or privacy policies, or any other source, with your consent or as permitted or required by law. This Personal Information may be obtained by telephone, in writing or electronically. For legal entities such as businesses, partnerships, trusts, estates, or other organizations, we may collect Personal Information from each authorized person, partner, trustee, and executor, as appropriate.

You authorize the collection of Personal Information from these sources, and where applicable, you authorize these sources to provide us your Personal Information. When you access any of the Energy websites that link to this Privacy Agreement or by choosing to submit Personal Information by engaging with us as a contestant, potential contestant, or other related ways, including any marketing or events, we may collect and maintain Personal Information about you such as:

information establishing your identity (such as your name, address, email address, mobile telephone number, occupation, date of birth and other identification documents or images of such, required by law);
information to authenticate your identity such as knowledge-based information (i.e., username, password and account information), device information (i.e., device model, browser type and activity, IP address, security cookies and approximate physical location of device);
information reflecting your dealings with us;
information we request, or that you provide. If you provide us with information about another individual, we will assume you have the authority to provide this information and have obtained their consent to its collection, use and sharing for the purposes set out in this Agreement;
other information with your consent, or as permitted or required by law; and
additional information may be requested to help us determine your eligibility for products and Services that we offer.

We may share your Personal Information:

with our employees, agents, service providers and any other entities that perform Services on our behalf (collectively, 'service providers'). You acknowledge that some of our service providers may be located outside of Canada and as such your Personal Information may be accessible to governmental, national security and regulatory authorities in accordance with the laws of these jurisdictions;
with other organizations or agents with whom you have arrangements and to whom you have provided consent directly;
in response to a judicial or administrative orders, subpoena, warrant or other demand or request we believe to be valid from governments, regulators, courts and law enforcement authorities in Canada or other jurisdictions or countries;
to meet requests for information from regulators;
to satisfy legal, audit, insurance, self-regulatory and regulatory requirements applicable to us;
in any negotiations for the sale or assignment or proposed sale or assignment of all or part of our business or assets and to our successors and assigns who may use the information for similar purposes as those described in this Agreement;
to other parties connected with your account, as applicable;
with any person or organization, including an investigative body, to prevent, detect or suppress financial abuse, fraud, money laundering, cyber threats, criminal activity, protect our assets and interests, assist us with any internal or external investigation into potentially illegal or suspicious activity or manage, defend, or settle any actual or potential loss;
with your consent or knowledge; (e.g., with another individual on a joint account, a power of attorney or an estate representative);
if the collection is solely for journalistic, artistic, or literary purposes; and
where you might be a victim of fraud, financial abuse, or other illegal activity, or where we have reasonable grounds to believe your interests can best be served by taking action, we may share information with the appropriate legal or governmental authorities, your next of kin or any other appropriate person (e.g., notification of our concerns regarding potential financial abuse may be provided to a public guardian or trustee’s office). In these circumstances, we will only share information we believe is reasonably necessary to protect your interests.

We may Process your Personal Information for a variety of reasons, depending on how you interact with our Services, including:

the Process of your Personal Information so you can create and log in to your account, as well as keep your account in working order.
the Process of your Personal Information to develop and display personalized content and advertising tailored to your interests, location, and more.
the Process of your Personal Information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
The Process of your Personal Information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.

We do not sell the names or other Personal Information of our customers. We do not disclose the names or other Personal Information of our customers to other companies without consent, unless required or permitted by law.

Joint accounts, representatives, and beneficiaries

Where someone is authorized to use or access your product or service, we may share your Personal Information with them (or their representative, which includes their estate representative), as necessary, in connection with that other person’s use of the product or service.
Where someone is acting as a representative or we reasonably believe is acting with proper authorization, such as a legal guardian, person having power of attorney, estate representative, lawyer, or accountant, we may share Personal Information with and take instructions from them including sharing Personal Information as instructed by either representative, where representatives are jointly appointed.
Following death, we may also share your Personal Information with your beneficiaries or estate representatives where reasonably necessary to help in the administration of your estate’s financial affairs. If you are the surviving joint account holder, we may also share Personal Information about your account created or collected before a deceased joint account holder’s death with the representative of the deceased joint account holder.

Anonymous Information

We automatically collect certain anonymous information. Anonymous information is information that cannot be associated with or traced back to a specific individual. For example, our web servers collect some anonymous/non-personal information automatically by web servers when you visit Energy digital channels (i.e., our public websites and other secure portals). Gathered electronically, this information may include the pages you visited, the type of web browser you are using, the level of encryption your browser supports and your Internet Protocol address. The anonymous/non-personal information collected may be used or shared for research and analytical purposes. To help us better understand our markets, we may also gather information for analytical purposes by conducting anonymous customer surveys

Like many businesses, we also collect information through cookies and similar technologies (Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice).

The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

Additional Collection, Use and Sharing of Your Personal Information

Communications: We may collect information by monitoring and/or recording any communications between you and our representatives (e.g., telephone discussions, email conversations, online chats) for accuracy, service quality, training and security purposes, our mutual protection to prevent or detect fraud, and to enhance our customer service.

We may communicate with you through various channels including telephone, computer, mail, or mobile applications or by other electronic means, using the contact information you have provided.

Service Providers and Third Parties outside of Canada: Information may be stored and processed in any country where we have affiliates or service providers. By using our products or Services, you consent to the transfer of information to countries outside of Canada, including the United States, which may be governed by different data protection rules. Energy, and its service providers and other third parties, including affiliates, with whom we share information under this Agreement, may perform activities outside of Canada. As a result, your information may be securely used, stored, or accessed in other countries and be subject to the laws of those countries. For example, information may be shared in response to valid demands or requests from government authorities, courts, and law enforcement officials in those countries.

Principle 4 – Limiting Collection

We will collect, use or disclose your Personal Information that is required to do business with you or as required by law.

Principle 5 – Limiting Use, Disclosure, and Retention

We will not use or disclose your Personal Information for purposes other than those for which it was collected except with your implied or expressed consent or as required by law.

Disclosure within Energy Creates.

Energy and/or its affiliate companies may internally share your Personal Information for the purposes mentioned in our Privacy Agreement. Only companies with legitimate business reasons will have access to your Personal Information.

Disclosure to Third Parties

We may need to share your Personal Information in the following situations:

We may share your Personal Information with Google Analytics to track and analyze the use of the Services. The Google Analytics Advertising Features that we may use include: Remarketing with Google Analytics, Google Analytics Demographics and Interests Reporting and Google Display Network Impressions Reporting.
We may share your Personal Information to third parties which may include private investigators, industry databases, government agencies, other vendors, regulatory organizations, payment vendors, credit and consumer reporting agencies.

Our Third-Party partners are subject to PIPEDA and other privacy requirements. Only companies with legitimate business reasons will have access to your Personal Information.

Disclosure Outside of Canada

Energy may use service providers located outside of Canada or related companies located outside of Canada to collect, use and store your Personal Information for the purposes mentioned in this Privacy Agreement.

Disclosure To You

We may share information or data with you in regular course of running our business. All information or data we share with you is solely for the purpose of helping you evaluate the Services we provide you.

Retention Periods

We will retain your Personal Information only as long as it is required for the reasons it was collected. This may include customer service, legal or regulatory needs that require us to keep your Personal Information beyond the end of your relationship with us.

When your Personal Information is no longer required, we will securely destroy it or convert it to an anonymous form.

Business Transactions

If we enter talks about a merger, acquisition or asset sale with a third party, we may share Personal Information that is deemed necessary in order to satisfy the business needs of such transactions.

Principle 6 – Accuracy

You are responsible for advising Energy of any inaccuracies or changes to your Personal Information (such as a change of address, telephone numbers, current address, etc.). If any of your Personal Information changes or you discover inaccuracies in our data, you are required to advise us so we can update our records. Please be prepared to verify your identity when updating or changing your Personal Information. You may also log in to your account settings and update your user account where applicable.

Subject to contractual and legal restrictions as well as reasonable notice, you may request access to, correction or deletion of the Personal Information we hold about you at any time by submitting a written request pursuant to the form described in this Agreement. Please be prepared to verify your identity upon making such a request. We will respond to your request within 30 days of receiving all necessary information or advise you if we require additional time.

Please note that we may not be able to provide you access to your Personal Information in certain situations (e.g., if disclosing the information would reveal confidential commercial information or information about a third party). If this is the case, we will inform you of the reasons that we were unable to provide you access.

Principle 7 – Safeguards

Principle 8 – Openness

At your request, we will make available information about our policies and procedures relating to the management of your Personal Information. You can contact us with any requests to access to your Personal Information.

Principle 9 – Individual access

Upon your request, we will inform you of the existence, use and disclosure of your Personal Information which is in our possession and control. You have the right to request changes if required. We will respond to your request within 30 days of receiving your written request.

Refusal of Request for Disclosure

We will make every effort to disclose your Personal Information. If a request for disclose is denied, we will provide an explanation.

Examples of reasons for non-disclosure include:

Cost Preventative
Personal Information that contains information about other individuals that cannot be released.
Commercial Proprietary Reasons
Legal and Security Litigation Reasons

Principle 10 – Questions

To request access to, or correction of, your Personal Information, to ask questions about our privacy policies or to refuse or withdraw your consent to our use of your Personal Information for purposes outlined in this Agreement, you may send in a written request or contact us at (please note that requests for access must be in writing):

Energy Creates
Email: info@energycreates.com

If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns and choose to send us a written request, do not include sensitive information. We are committed to providing you with understandable and easily available information about how we manage your Personal Information.

Language

For Québec residents only: You acknowledge and agree that you have first been presented with and have examined the French version of this Agreement, and that you then have expressly requested that this Agreement, and all related documents including notices, be drawn up in the English language and that you wish to and agree to be bound by the English version of this Agreement. Vous reconnaissez et convenez que la version française de la présente entente vous a d'abord été présentée et que vous l'avez examinée, et que vous avez ensuite expressément demandé que la présente entente et tous les documents connexes, y compris les avis, soient rédigés en anglais et que vous souhaitez être lié par la version anglaise des présentes et que vous acceptez de l'être.

Energy Privacy Agreement – March 2024