Privacy Policy

This Privacy Policy (“Privacy Policy”) governs the manner in which L5E, LLC dba 5 Digital Energy through the service provided by DigitalEnergyby5.com collects, uses, maintains, and discloses information collected from users (each, a “User”) of DigitalEnergyby5.com together with its subdomains, content, and services (the “Site”). When using any of the services provided by the Site you consent to the collection transfer, storage, disclosure, and use of your information as described in this Privacy Policy. This Privacy Policy applies to the Site and all services offered by the Site.

We have implemented this Privacy Policy because the privacy of all of our users is extremely important to us. This Privacy Policy explains our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Site. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, first and last name and an email address. “Non-Personal Information” means any information other than Personal Information that we may collect from you, such as anonymized data.

Your privacy matters to 5 Digital Energy, please do take the time to get to know our practices – and if you have any questions, you can contact us at legal@energyby5.com.

Personal Information: What We Collect and How We Collect It.

We receive and/or collect Personal Information from you based on the actions you take when you visit the Site. We use this information to measure and improve the service provided to you by the Site in the following ways:

User Account Information. When you create or reconfigure an account or create an account with a retail energy provider as facilitated through our site, you provide some personal information, such as your name, username, password, email address, or phone number. We may use this information to periodically contact you. We do not sell, rent, or share email addresses and never will.
Web Browser Cookies, Log-Files, and Tracking Technologies. Our Site uses “cookies”, log-files, and other tracking technologies that are anonymous in nature and do not identify you as an individual. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Such information may include your computer IP address, unique mobile device identifier, browser type, ISP or carrier name, and the actions you take on the Site whenever you visit. This information gives us insight into how our users use our Site and our services.
Clickstream Data. We also obtain data that logs the content on which you click while browsing and records your actions on the Site called clickstream data. Clickstream data can also tell us the type of computer and browsing software you use, the address of the website from which you linked to our Site, and the pages you access on the Site. This information allows us to narrow or limit the advertising materials provided to you based on your prior online activities or preferences.

In addition, if you or a third party sends us a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call or voice message) about you or your activities on or through the Site, then we may collect Personal Information or Non-Personal Information provided therein or therewith.

How We Use Collected Information

We may use Personal Information collected from you in one or more of the following ways:

to enable site features, and to retrieve and provide analysis of data you choose to enter into the Site,
to send you important notices, such as communications about changes to your account, and our Site’s and services’ terms, conditions, or policies,
to solicit input and feedback to improve our Site and services and customize your user experience,
to enable you to communicate with other Users,
to contact you via email, telephone, text, or chat in a manner required by law,
to meet contractual obligations,
to send you reminders, technical notices, updates, security alerts, newsletters, support, administrative messages, and service bulletins, By providing us your email address when creating a user account or registering for our newsletters you explicitly agree that we may send you such updates, newsletters, and requests,
to inform you about new products or promotional offers, or other opportunities which we feel will be of interest to you, and to provide advertisements to you through our Site, email messages, text messages, applications, or other methods of communication,
to manage our Site’s administration, forum management, or fulfillment,
to provide customer service and technical support,
to administer surveys, sweepstakes, giveaways, contests, or similar promotions or events sponsored by us or our partners,
to prevent fraud or potentially illegal activities, enforce our Site’s Terms of Use, or comply with applicable law,
for internal purposes such as auditing, data analysis, and research to improve our products, services, and communications,
to allow you to sign up for special offers from third parties through our sites,
to use anonymized personal information to run (or authorize third parties to run) statistical research on individual or aggregate trends.
We may disclose your Personal Information or any information you submitted via the Site if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) enforce our terms of use including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of the Site, its users, yourself or the public.

In addition to the uses described above, we may use Personal Information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.

Sharing Personal Information

We may share Personal Information about you with third parties in the following circumstances:

We may engage third parties to perform services on our behalf, including maintenance services, hosting, data storage, security, analytics, and data analysis, payment processing, assisting in marketing efforts, email and text message distribution, customer service, providing certain interactive tools, and conducting surveys and sweepstakes.
Your Personal Information and the contents of all your online communications on or through our Site may be accessed and monitored as necessary to operate our Site, and may be disclosed:

to satisfy any applicable laws or regulations,
to defend ourselves in litigation or regulatory action,
to protect the rights or property of 5 Digital Energy and our affiliates, including to enforce our Site’s Terms of Use,
when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant),
where we believe our Site is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for fraud protection and risk management, and
when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally.
In addition to the instances described above, we may share Personal Information that we collect in a manner disclosed to you at the time we collect the information, or with your consent.

We do not limit the ways in which we may use or share Non-Personal Information – and we reserve the right, but not the obligation, to use or share Non-Personal Information because that information does not identify you.

Data Retention

We may retain your Personal Information and Non-Personal Information for as long as it is reasonably necessary for a legitimate business purpose. We may dispose of or delete any such Personal Information or Non-Personal Information at any time, except as required by law.

Transactions

In connection with any transaction that you conduct on, through or in relation to the Site, you may be asked to supply certain information relevant to the transaction, including, without limitation, your driver’s license number, your social security number, your billing address, your service address, your phone number and/or your email address and information relating to your utility services. By submitting such information, you consent to us providing such information to third parties (e.g., energy service providers) for the purpose of facilitating the transaction.

How We Protect Your Information

We adopt appropriate data collection, storage, and processing practices and generally accepted industry standards such as Amazon RDS encryption and SSL certificates for security measures to protect against unauthorized access, alteration, disclosure, or destruction of your Personal Information and data stored on our Site.

We use the information we have to help verify accounts and activity, and to promote safety and security on and off of the services provided by the Site, such as by investigating suspicious activity or violations of our terms or policies.

To help maintain the security of your Personal Information, we ask that you notify us immediately of any unauthorized visit, access or use of the Site, or the loss or unauthorized use of your access information for the Site (e.g., user name or password).

Collection of Information by Third-Party Sites

We may use a reputable third party to present or serve advertisements that you may see on the Site. These third-party ad servers may use cookies, web beacons, clear gifs, or similar technologies to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The use of these technologies by these third-party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.

Third-Party Websites

Users may find advertising or other content on our Site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites that have a link to our Site, is subject to that website’s own terms and policies.

Opting Out

By using the Site, you agree that we may send you notifications regarding the Site, our services, third-party’s notifications and/or advertisements, and requests to rate our Site. You may choose not to receive future promotional, advertising, or activity-related emails from us by selecting an unsubscribe link at the bottom of emails/notifications that you receive from us.

Opting Out of Requested Communications: Requested communications include, for instance, email newsletters that may be expressly requested by you or that you consented to receive. After you request or receive such communications, you may “opt-out” of receiving them by using one of the following methods:

Select the email “opt-out” or “unsubscribe” link or follow the opt-out instructions included in each email communication.
To unsubscribe from text messages delivered to mobile devices, reply to the message with the words “STOP” or “END.”
Return to the web page(s) where you originally registered your preferences and follow the opt-out instructions.
Contact us. Please provide your name, contact information, and specific relevant information that you no longer wish to receive and submit it to onlinerequest@energyby5.com.

Access/Accuracy

If you are a registered user of the services provided by the Site, we provide you with tools and account settings to access, correct, delete, or modify the personal information you provided to us and associated with your account.

To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any inaccuracy in your Personal Information that we may be storing, or otherwise amend or delete your Personal Information, you may submit a request by sending an email to legal@energyby5.com. Your email should include adequate details of your request.

Advertising

Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non-personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy does not cover the use of cookies by any advertisers.

Children’s Privacy

The Site is not directed to children under 18 years of age, let alone children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If you are under 13, please do not disclose or provide any information.

If we obtain actual knowledge that we have collected Personal Information through the Site from a person under thirteen years of age, then we will use reasonable efforts to refrain from further use of such Personal Information.

Unless our sites and services contain the “Privacy Rights for California Minors in the Digital World” supplemental terms, our sites and services do not collect age from users under 18. If you reside in California and are a minor (you are under 18 years of age) and you are using a site or service that collects your age as a registration requirement and you submit content, please follow the instructions on the supplemental terms to request removal of public content.

Do Not Track Notices

We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as ad servers, to collect personally identifiable information about an individual consumer’s online activities over time and across different websites when a consumer uses the Site.

Your California Privacy Rights

We are not subject to regulation under the California Consumer Privacy Act of 2018 (“CCPA”). Therefore, even if you are a California resident and we may have personal information about you that is the type of the information subject to the CCPA, the CCPA is not applicable to us or to our relationship with you. However, if you are a resident of the State of California and we have an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from us free of charge regarding the manner in which we share certain personal information collected through the Site with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of our sharing of such information with such third parties. Please submit any such request (“California Privacy Rights Request”) by writing to us.

When writing to us, you must put the statement “Your California Privacy Rights” in the body or subject line of your request and include (i) the name of the site about which you are contacting us, (ii) any unique site identifier associated with you (like member number or forum handle), (iii) your name, and (iv) your contact information. Please submit requests by email to legal@energyby5.com and allow 30 days for a response. We will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

Users located in countries other than the United States.

We are headquartered in the United States of America and all our servers are located in the United States. For that reason, any personal information you provide to us will be accessed by us or transferred to us in the United States. By providing us with personal information, you consent to the storage or processing of your personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.

We will protect the privacy and security of personal information according to this Privacy Policy, regardless of where it is processed or stored.

In the Event of a Merger, Sale, or Bankruptcy

In the event that we are acquired by or merged with a third-party entity, we reserve the right to transfer or assign Personal Information that we have collected as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how Personal Information is treated, transferred, or used. In any of the circumstances described in this paragraph, the information will be subject to the privacy policy of the purchaser or assignee.

Your Acceptance of These Terms

This Privacy Policy forms part of L5E, LLC Terms of Use and Service Policy, available at Terms of Service. By using this Site, you signify your acceptance of this Privacy Policy and the processing of Personal Information for the purposes set forth herein. If you do not agree to this policy, please do not use our Site.

Changes to This Privacy Policy

We regularly review and revise our Privacy Policy. When we do, we will revise the updated date at the bottom of this page. Your continued use of the Site following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.

We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the Personal Information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

Severability

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

Contact Us

If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with the Site, please contact us at legal@energyby5.com or by U.S. Postal Mail at the following address:

L5E, LLC – ATTN: Privacy Policy
4545 Fuller Dr.,
Ste. 412
Irving, TX 75038

Last revised: April 1, 2023