PRIVACY POLICY

This Privacy Policy (this “Privacy Policy”) describes how Ivy Energy, Inc., together with its affiliates (hereinafter referred to as “Ivy,” “us,” “we,” “our,” or “Company”) collects and handles personal information through our websites, cloud services platform, web and mobile applications (collectively, the “Services”), through social media, in connection with our marketing activities, and through other activities as described herein. 

By using the Services and providing us with your personal information. By using the Services and providing us with personal Information (defined below), you agree to the practices described in this Privacy Policy and to updates to these policies posted here from time to time.

This Privacy Policy is integrated into the Ivy Energy Terms & Conditions (the “Ivy Energy T&C”), which governs the provision of our services to our business customers (as defined in the Ivy Energy T&C).

Ivy provides its Services to its Customer, as well as to the end user consumers who are customers of its clients (“Registered Users”). When we provide Services to our Customers, we may collect personal information on their behalf as their processor, in which case, in addition to this Privacy Policy, our use of such information is restricted by our agreements with those Customers as well as applicable law regarding our role as a service provider. If you have concerns regarding personal information that we process on behalf of a business Customer of Ivy with whom you have a relationship, please direct your concerns to that business Customer.

Contents:

  1. Personal information we collect
  2. How we use your personal information
  3. Sales and Sharing of Personal Information
  4. Your Choices
  5. California Privacy Rights

  1. PERSONAL INFORMATION WE COLLECT 

Personal information we collect

Information you provide to us. Personal information you may provide to us through the Service, through our marketing efforts, or otherwise includes:

  • Account data, such as your first and last name, email address, physical address, phone number, and username and password that you provide when establishing an online account with us.
  • Third party service account data, such as the username and password, account number, usage/billing data, payment history, account history, program participation data, utility usage data, and other data associated with your other accounts that you instruct us to connect to the Service, such as your utility company account.
  • Communications that we exchange with you, including when you contact us with questions, feedback, or otherwise.
  • Payment and transactional data needed to complete your orders on, through, or regarding the Service (including name, payment card information, bank account number, billing information), and your purchase history.
  • Research data, that you provide when you agree to participate in our surveys, promotions, contests, or case studies.
  • Marketing data, such as your preferences for receiving our marketing communications, and details about your engagement with them.
  • Other information not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

  • Utilities, such as the electric utility that provides grid electricity to your community.
  • Property Owners, such as the owner of a building or community in which you are a tenant.
  • Data providers, such as information service providers and data licensors.
  • Public sources, such as social media platforms.
  • Marketing partners, such as companies that have entered into joint marketing relationships with us.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

  • Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 3G), and general location information such as city, state or geographic area.
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.
  • Precise geolocation data, when you authorize our mobile application to access your device’s location.

Cookies and similar technologies. Like many online services, we use the following technologies:

  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
  • Local storage technologies, like HTML5 and Flash, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
  • Flash cookies, or locally-stored objects and HTML5 local storage, which are used on websites for purposes similar to cookies but allow storage of a larger amount of data about your activities and preferences across different services and sessions.
  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
  • Software development kits, or SDKs, which incorporate into our app third party computer code that allows our service providers or advertising partners to collect user data directly from the app for a variety of purposes, including to provide us with analytics regarding the use of the app, add features or functionality to our app, or to facilitate online advertising.

 

  1. Sales and Sharing of Personal Information (Targeted Advertising)

We use cookies and similar tracking technologies that enable certain advertising networks, social media companies, analytics services, and other third-party businesses to collect and disclose your personal information directly from your browser or device when you visit or interact with our website or otherwise engage with us online.

To opt out of these “sales” or “sharing” of personal information (as these terms are defined under the applicable US state privacy laws), you must:

  • Toggle cookies “off” or enable your global privacy controls on your browser; and 
  • Submit a request to us  by emailing privacy@ivy-energy.com.

  1. How we use your Personal Information

We may use or disclose the personal information that We collect for one or more of the following business purposes: 

  1. To operate and provide the Services;
  2. Disclosure to owners, landlords, management companies, and other entities in the course of our provision of the Services to such parties;
  3. To communicate with utilities about your utility billing and usage information;
  4. To facilitate billing transactions between Registered Users and Customers, utilities, or other authorized third parties;
  5. To personalize our Services and improve user experience, such as remembering information so that you will not have to re-enter it during your visit or the next time you visit the Services;
  6.  To enable third party integrations connected to the Services;
  7. Respond to queries and requests, or otherwise communicate directly with Users;
  8. To send you communications to inform you of new Glow Energy product or service offerings; 
  9. To conduct analytics related to the Services, such as to understand how they are being used and where improvements may be needed; 
  10. Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity;
  11. To update, improve, and/or enhance the Services, and develop new features, functionality, and products and Services; 
  12. For research and development of renewable energy and related fields, including through creation of aggregate and anonymized data sets;
  13. For financing projects and infrastructure related to our Services;
  14. For our business transfers; 
  15. To keep you updated about changes to policies related to our Services (including this Privacy Policy);
  16. To enforce the Ivy T&C, resolve disputes or otherwise to carry out our obligations and enforce our rights, and to protect our business interest and rights of third parties;
  17. To comply with legal and contractual obligations and requirements; 
  18. Provide information relevant to permitting and regulation of distributed energy systems; and
  19. Provide information to regulatory bodies when legally required.
  20. Contracting with service providers to perform service on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider; 
  21. For auditing purposes.

We may also process personal information for any other purpose if we have obtained your prior consent.

We may combine any of the information that we collect from you with other information, such as information that we obtain from third parties. We will use this information for the purposes described in this Privacy Notice.

  1. Your choices

You have the following choices with respect to your personal information.

Access or update your information. If you have registered for a Service account, you may review and update certain account information by logging into the account.

Opt-out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email. You may continue to receive service- related and other non-marketing emails.

Cookies. Most browser settings let you delete and reject cookies placed by websites. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, you may not be able to use all functionality of the Service and it may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

We use Google Analytics to help us understand user activity on the Service. You can learn more about Google Analytics cookies at https://developers.google.com/analytics/resources/concepts/gaConceptsCookies and about how Google protects your data at http://www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our sites by downloading and installing a browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.

Local storage. You may be able to limit use of HTML5 cookies in your browser settings. Unlike other cookies, Flash-based local storage cannot be removed or rejected via your browser settings, but you can adjust the settings of your Flash player to block it. Blocking Flash storage may impede the functionality of Flash applications, including those employed by the Service. For more information on Flash local storage visit https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html

Device location data. Users of our mobile app can disable our access to their device’s precise geolocation in their mobile device settings.

Advertising choices. You can limit use of your information for interest-based advertising by:

  • Browser settings. Blocking third party cookies in your browser settings.
  • Privacy browsers/plug-ins. By using privacy browsers or ad-blocking browser plug-ins that let you block tracking technologies.
  • Ad industry tools. Opting out of interest-based ads from companies participating in the following industry opt-out programs:
  • Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

You will need to apply these opt-out settings on each device from which you wish to opt-out.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Other sites and services

The Service may contain links to websites and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or other online services that are not associated with us. We do not control websites or online services operated by third parties, and we are not responsible for their actions.

Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, no security measures are failsafe and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Children

The Service is not intended for use by children under 16 years of age. If we learn that we have collected personal information through the Service from a child under 16 without the consent of the child’s parent or guardian as required by law, we will delete it.

Data Retention

Personal information is processed for the period necessary to fulfill the purposes for which it is collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights. In order to determine the most appropriate retention periods for your personal information, we consider the amount, nature and sensitivity of your information, the reasons for which we collect and process your personal information, and applicable legal requirements. Once you create an account, we will retain your account until you ask us to delete it. In some instances, we may choose to anonymize personal information instead of deleting it. 

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Service. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

How to Contact Us

Email
privacy@ivy-energy.com

Mail
1230 Columbia St, Ste 930,
San Diego, CA 92101
Attn: Legal

  1.  California Privacy Rights

CCPA-specific notice. 

This section describes how we collect, use, and share the Personal Information of California residents to the extent we act as a “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to their Personal Information. For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. Additionally, this section does not apply to information we collect from you in the course of communicating with you in your capacity as an employee, controlling owner, director, officer or contractor of an organization (i.e., company, partnership, sole proprietorship, non-profit or government agency) in the context of performing due diligence on, or providing or receiving products or services to or from, that organization. In some cases we may provide a different privacy notice to certain categories of California residents, such as job applicants, in which case that notice will apply instead of this section.

Collection of Information

To better understand what the categories of Personal Information that We have collected and/or disclosed for a business purpose in the preceding twelve months, please see the following chart. The examples of Personal Information provided for each category are taken from the CCPA and are included to better explain what the categories mean.  The examples are not all inclusive and are not meant to indicate all Personal Information that We actually collect or disclose.  

Category of

Personal Information

Whether We Collect This Information

Whether We Disclose This Information

Whether We Sell or Share This Information

A. Identifiers

Examples: Name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.

Yes, we collect your address, email, first & last name, phone number, IP address.

Yes

Yes, we share your IP address for Retargeting purposes.

B. Categories of Personal Information in Cal. Civ. Code 1798.80(e)

Examples: Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Yes, we collect your name and contact information.

Yes

No

C. Characteristics of Protected Classifications under California or Federal Law

Examples: Race or color, ancestry or national origin, religion or creed, age (over 40), mental or physical disability, sex (including gender and pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity or expression, medical condition, genetic information, marital status, military and veteran status.

We may collect this information in connection with product research and testing, but it is never associated to Registered User accounts

No

No

D. Commercial Information

Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Yes, we retain records about the commercial transactions related to our Services. We may also collect certain information in connection with product research and testing, but it is never associated to Registered User accounts

Yes, we share information about the commercial transactions related to our Services with Customer who has an existing business relationship with the applicable Registered User, solely in connection with our delivery of Services applicable to both  such Customer and such Registered User

No

E. Biometric Information

Examples: Physiological, biological, or behavioral characteristics, including DNA, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity, such as imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.

No

No

No

F. Internet or Other Electronic Network Activity Information

Examples: Browsing history, search history, and information regarding a consumer’s interaction with an internet website, application or advertisement.

Yes

No

No

G. Geolocation Data

Example: Precise physical location.

No

No

No

H. Sensory Information

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

No

No

No

I. Professional or employment-related information

Examples: Job application or resume information, past and current job history, and job performance information.

No

No

No

J. Non-Public Education Information (as defined in 20 U.S.C. 1232g; 34 C.F.R. Part 99)

Examples: Records that are directly related to a student maintained by an educational agency or institution or by a party acting for the agency or institution.

No

No

No

K. Inferences Drawn from Personal Information

Examples: Consumer profiles reflecting a consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

No

No

No

L. Sensitive Personal Information 

Examples: Precise geolocation data, account log-in information.

Yes, we collect utility account access information (i.e., login credentials) for utility accounts you authorize us to.

Yes, we disclose utility account log-in information to our data vendors and subprocessors

No

Certain data elements We collect and use our service may be deemed “sensitive personal information” under CCPA.  These include your username and password to access your account and precise geolocation. We do not use or disclose such sensitive personal information to “infer” characteristics as defined under the CCPA, or for any purpose other than that which is necessary to provide our service as specified in the CCPA.

If you are a California resident, the CCPA affords you the ability to exercise the following rights:

Right to Know and Access. You have the right to submit a verifiable request for information relating to your personal information we have collected and disclosed in the last 12 months regarding the following information:

  • The categories of Personal Information We have collected about you;
  • The categories of sources for the Personal Information We have collected about you;
  • The business or commercial purpose for collecting or selling such Personal Information;
  • The categories of third parties with whom We shared such Personal Information;
  • The specific pieces of Personal Information We collected about you (also called a data portability request);
  • The business purpose for which Personal Information was disclosed (if in fact the Personal Information was disclosed for a business purpose), and the Personal Information categories that each category of recipient received.

Right to Delete. You have the option to request us to delete Personal Information about you that We have collected from you (subject to certain exceptions).

Right to Correct. You have the right to request we correct inaccurate Personal Information we hold about you.

Verification.  Pursuant to all relevant CCPA requirements, limitations, and regulations, requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity for the information request you may have submitted.

Right to Equal Service. We will not discriminate against you (such as, without limitation, denying you any goods or services) for the exercise of your CCPA privacy rights.

Notice of right to opt-out of the “sale” of your Personal Information. Like many companies, we use online advertising services that employ cookies and similar technologies to collect information about your device and online activity on our sites and other online services. They use this information to try to tailor the ads you see online to your interests. These are called interest-based ads. The CCPA may classify our use of these services as a “sale” of personal information to those advertising services from which California residents have the right to opt-out. You can opt-out of any “sale” that results from use of your personal information for these purposes by visiting www.ivy-energy.com and following the “Do not sell my personal information” link at the bottom of the page, or by emailing privacy@ivy-energy.com.

We will need to verify your identity to process your information, access and deletion requests and reserve the right to confirm your California residency. To verify your identity we may require you to log into your Ivy account, and/or provide government identification, a declaration under penalty of perjury or other information. Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity, and provide us with written confirmation that you have given the authorized agent permission to submit the request. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Shine the Light. Under California’s Shine the Light law (California Civil Code Section 1798.83), California residents may ask companies with whom they have formed a business relationship primarily for personal, family or household purposes to provide the names of third parties to which they have disclosed certain personal information (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes and the categories of personal information disclosed. You may send us requests for this information to privacy@ivy-energy.com. In your request, you must include the statement “Shine the Light Request,” and provide your first and last name and mailing address and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency. Please note that we will not accept requests via telephone, mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Submission of Requests. Only you or your authorized agent may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.  We may need to verify your or your agent’s identity by matching sufficient information you provide to us to the information we maintain about you in our systems.  

The Company will respond to a verifiable consumer request within forty-five (45) days of its receipt. We will deliver our written response electronically.  Any disclosures We provide will only cover the 12-month period preceding the verifiable consumer request’s receipt, as required by the CCPA. If applicable, our response will also explain the reasons, We cannot comply with a request.  For data portability requests, We will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We will not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  In the event that We determine that the request warrants a fee, We will tell you why We made that decision and provide you with a cost estimate before completing your request.

If you have any questions or comments about this CCPA Privacy Notice, the ways in which We collect and use your Personal Information described in this CCPA Privacy Notice, your choices and rights regarding your Personal Information, or if you would like to exercise your rights under the CCPA as listed above, please feel free to contact Us at: privacy@ivy-energy.com, or write to us at Attn: Privacy, 1230 Columbia St, Suite 930, San Diego, CA 92101.

Effective: 7/9/2025

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