FRANKLIN ENERGY SERVICES AND AM CONSERVATION PRIVACY POLICY

Effective as of January 1, 2023

Last updated: March 7, 2024

Introduction

Franklin Energy Services, LLC, AM Conservation Group, Inc. and their affiliates, including Franklin Energy of Michigan, LLC, Franklin Energy of California, LLC, PlanetEcosystems, LLC, Snugg Home, LLC, and EnterTouch, Inc. d/b/a/ Franklin Energy Demand Response, (collectively, “we,” “our,” or “us”) respect the privacy of your information and are committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit our websites (“Sites”) or use the services that we provide through our Sites (“Services”), and our practices for collecting, using, maintaining, and safeguarding that information.

The Privacy Policy applies to the information that we collect on our Sites; in email, text, and other electronic messages between you and the Sites; through mobile and desktop applications you may download from our Sites (if any), which provide dedicated non-browser-based interaction between you and the Sites; when you interact with our advertising and applications on third-party websites and services, if those applications and services include links to our Sites.

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on our webpage. Please review this Privacy Policy periodically.

Collecting and Using Information

Personally Identifiable Information We Collect Online

We may collect information that is about you but individually does not identify you and we may also collect Personally Identifiable Information from you through your use of the Sites and Services. “Personally Identifiable Information” is individually identifiable information about an individual consumer that we collect online and that we maintain in an accessible form. We collect the following types of Personally Identifiable Information:

Information You Provide

We may collect directly from you the following Personally Identifiable Information that you voluntarily provide to us when you complete one of our online forms, such as to schedule a meeting or demo, when you download our product catalog or other content available through our resource library, subscribe to receive email updates, when you respond to surveys that we might ask you to complete for research purposes, details of transactions you may carry out through our Sites and the fulfillment of your orders when using certain Services, or otherwise contact us: first and last name, email address, phone number, employer and job title, mailing address, and any other information you choose to include in your message when contacting us.

Information We Collect Through Automatic Data Collection Technologies as You Navigate Our Sites

We automatically collect certain Personally Identifiable Information through your use of the Sites and Services, such as the following:

• Usage Information. We collect information on your usage of our Sites, including Site traffic data, such as which of the pages on the Sites you access, the frequency of access, and what you click on while on the Sites.
• Device Information. We may collect information about the device you are using, such as hardware model, operating system, application version number, and browser.
• Mobile Device Information. In addition to the device information listed above, when you access our Sites via a browser on your mobile device, we collect and aggregate information about whether you are accessing the Sites via a mobile device or tablet, device type, and carrier.
• Location Information. We collect location information from Site visitors on a city-regional basis.

Information from Third Parties

We also may receive some Personally Identifiable Information about you from other sources and may add it to your account information. For example, we might get your updated address from a shipper or information on your preferences from another website conducting a promotion or event with us.

We may acquire customer lists from third parties so that we may invite new people to visit our Sites. Our policy is to acquire only lists of people who have indicated that they are willing to receive email offers. Also, each time we send an email offer, we provide people with the opportunity to opt out of receiving future email offers.

Third Party Information

In some cases, we may receive certain Personally Identifiable Information from you about a third party. If you submit any Personally Identifiable Information about another individual to us, you are responsible for making sure that you have the authority to do so and to allow us to use their Personally Identifiable Information in accordance with this Privacy Policy.

How We Use Your Personally Identifiable Information

We use the Personally Identifiable Information we collect to provide the Services to you, to improve our Services and Sites, and to protect our legal rights. In addition, we may use the Personally Identifiable Information we collect to:

• Email you our blog posts;
• Contact you regarding our Products and Services that we feel may be of interest to you;
• Remind you about the items in your shopping cart and make you aware of any purchase incentives that might be available to you when you purchase products from our marketplaces;
• Communicate with you about our Sites or Services or to inform you of any changes to our Sites or Services;
• Provide support;
• Maintain and improve our Sites and Services;
• Defend our legal rights and the rights of others;
• Efficiently maintain our business; and
• Comply with applicable law.

How We Share Your Personally Identifiable Information

We may share the information that we collect about you in the following ways:

• With our subsidiaries and affiliates;
• With service providers who perform data or site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
• To service providers to prepare, deploy and analyze advertising content;
• To the extent that we are required to do so by law;
• To fulfill the purpose for which you provided it;
• In connection with any legal proceedings or prospective legal proceedings;
• To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
• To enforce our terms of use and other agreements, including for billing and collection purposes;
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our company, our customers, or others;
• To any person whom we reasonably believe may apply to a court or other competent authority for disclosure of that Personally Identifiable Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personally Identifiable Information;
• To any other person or entity as part of any business or asset sale; and
• To any other person or entity where you consent to the disclosure.

Cookies and Other Tracking Technologies

How We Use Cookies

Like many other companies, we use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”). “Cookies” are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).

We use Cookies to:

• Estimate audience size and usage patterns;
• Understand and save your preferences for future visits, allowing us to customize the Sites and Services to your individual needs;
• Advertise new content and services that relate to your interests;
• Keep track of advertisements and search engine results;
• Compile aggregate data about site traffic and site interactions to resolve issues and offer better site experiences and tools in the future; and
• Recognize when you return to the Sites.

We set some Cookies ourselves and others are set by other entities. We use Cookies set by other entities to provide us with useful information to help us improve our Sites and Services, to conduct advertising, and to analyze the effectiveness of advertising. For example, we use Cookies from Google, Facebook, and other similar companies.

How You Can Opt Out of Cookies

Browser Settings

Cookies can be blocked by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Sites.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.AllAboutCookies.org.

Platform Controls 

You can opt out of Cookies set by specific entities by following the instructions found at these links:

• Google: https://adssettings.google.com
• Facebook: https://www.facebook.com/about/ads
• LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

Advertising Industry Resources

You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt out of some of those Cookies by accessing the Network Advertising Initiative’s websiteor the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

Please note that these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Sites.

Third Party Processors

To ensure that your Personally Identifiable Information receives an adequate level of protection, we have put in place appropriate procedures with the service providers we share it with to ensure that it is treated consistently with applicable data security and privacy laws. For example, we may use cloud data storage; payroll processors; accounting software; shipping fulfilment; payment processors; marketing service providers.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Sites and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here.

“Do Not Track” Signals

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Sites do not currently interpret, respond to, or alter their practices when they receive “Do Not Track” signals.

Choices About Your Personally Identifiable Information

Review and Request Changes to Your Personally Identifiable Information

To review or request changes to any of your Personally Identifiable Information, please contact us at privacy@franklinenergy.com.

Marketing Communications

To unsubscribe from our marketing emails, please click the unsubscribe link included in the footer of our emails. You also may submit a request to us at: marketing@franklinenergy.com, marketing@amconservation.com, or inquiries@franklinenergy.com using the subject line: “Please do not send me email.”

If you do not want us to share your information with unrelated third parties for marketing purposes, please submit an email request using the subject line: “Keep my email address private.” You may also use the address and phone number in the “How to Contact Us” section below to request that we not disclose your personal information to unrelated third parties for marketing purposes. If you choose to write to us, please include your name and address, and state “NO THIRD-PARTY SHARING” in your request.

Security

We maintain commercially reasonable security measures to protect the Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential and not sharing it with anyone. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. We are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Sites.

Third Party Links

The Sites may contain links that will let you leave the Sites and access another website. Linked websites are not under our control. Except as stated below, this Privacy Policy applies solely to Personally Identifiable Information that is acquired by us on the Sites. We accept no responsibility or liability for the other websites.

Children’s Privacy

The Sites are not intended for children under 16 years of age. We do not knowingly collect, use, or disclose personal information from children under 16. No one under age 16 may provide any information, personal or otherwise, to or on our Sites or use our Services.

Notice to Nevada Residents

Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to privacy@franklinenergy.com or by contacting us at the following toll-free telephone number: 1-877-287-3409.

Notice to California Residents

This Notice to California Residents supplements the information contained in our Privacy Policy that is incorporated into The California Consumer Privacy Act (CCPA), as amended and expanded by the California Privacy Rights Acts of 2020 effective as of January 1, 2023, requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only to, California residents. The CCPA and CPRA grant California residents enhanced rights regarding their personal information and impose various data protection duties on certain entities conducting business in California. If you are not a California resident, this does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”

The CCPA contains an exception that is relevant to us. Some of the CCPA’s privacy rights explained below do not apply to personal information collected in a business-to-business context. That is information reflecting a written or verbal communication or a transaction between us and a consumer, where the consumer is acting as an employee, owner, director, officer, or contractor of another entity and when the communication or transaction occur solely within the context of us conducting due diligence regarding, or providing or receiving a product or service to or from such entity.

Right to Know About Personal Information Collected, Disclosed, or Sold

If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you in the 12-month period preceding your request. This right includes the right to request any or all of the following:

• Specific pieces of Personal Information that we have collected about you;
• Categories of Personal Information that we have collected about you;
• Categories of sources from which the Personal Information was collected;
• Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;
• Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and
• The business or commercial purpose for collecting or, if applicable, selling Personal Information.

How to Submit a Request to Know or a Data Subject Request (“DSR”)

You may submit a Request to Know to privacy@franklinenergy.com or by calling us at: 1-877-287-3409. Your Request to Know and other types of requests may be generically referred to as “DSRs” (Data Subject Requests).

Collection of Personal Information

We currently may collect and, in the 12 months prior to the last updated date of this Privacy Policy, have collected the following categories of Personal Information about California residents directly from them and from third-party advertising networks, internet service providers, government entities, operating systems and platforms, social networks, marketplaces, Google, and data brokers (this list may be updated from time to time):

• Identifiers (name, alias, postal address, online identifier, internet protocol address, email address, account name, Social Security number, driver’s license number, passport number, any state-issued identification card number)
• California or federal law protected classifications characteristics
• Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device)
• Professional or employment-related data
• Telephone number
• Signature
• Physical characteristics or description
• Bank account number
• Credit and debit card number, and other financial information
• Insurance policy number
• Medical information
• Insurance policy number or subscriber identification number
• Any unique identifier used by health insurer to identify consumer
• Any information in the consumer’s application and claims history, including appeals records, if information is linked or reasonably linkable to consumer or household, including via device, by business or service provider
• Internet or other electronic network activity information (browsing history; search history; and information regarding consumer’s interaction with website, application or advertisement)
• Geolocation data
• Commercial information (examples may include records of personal property, products or services purchased, obtained or considered; other purchasing or consuming histories or tendencies; or other commercial information)
• Education information
• Professional or employment-related information (including employment history)
• Biometric information (imagery of iris, imagery of retina, fingerprint, imagery of face, imagery of hand, imagery of palm, vein patterns, voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health or exercise data that contain identifying information)
• Characteristics of protected classifications under California (Cal. Civ. Code 1798.80(e) or federal law (race, color, sex/gender (including pregnancy, childbirth, breastfeeding and/or related medical conditions), sexual orientation, gender identity/expression, age (40 and older), religion (including religious dress and grooming practices), national origin, ancestry, disability (mental and physical including HIV/AIDS, cancer, and genetic characteristics), citizenship status, genetic information, marital status, medical condition (genetic characteristics, cancer or a record or history of cancer), military or veteran status, political affiliations or activities, status as a victim of domestic violence, assault or stalking, request for family care leave, request for leave for an employee’s own serious health condition, request for pregnancy disability leave, and retaliation for reporting patient abuse in tax-supported institutions)
• Audio, electronic, visual, thermal, olfactory, of similar information
• Inferences drawn from above information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological Civ. Code §§ 1798.100(a)(2), 1798.130(c), and 1798.140(v)(1)(L), (ae)(effective January 1, 2023)) (government identifiers (social security number, state identification card or passport number); complete account access credentials (user name, account numbers, or card numbers combined with required access/security code or password); precise geolocation; racial or ethnic origin; religious or philosophical believes; union membership; genetic data; mail, email, or text messages content; unique identifying biometric information; health, sex life, or sexual orientation information.

In addition to the purposes stated above in the section “Collecting and Using Information” we currently collect and have collected the above categories of Personal Information for the following business or commercial purposes:

• Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
• Debugging to identify and repair errors that impair existing intended functionality
• Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction
• Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider
• Undertaking internal research for technological development.
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

Disclosure of Personal Information

The following table identifies the categories of Personal Information that we disclose for a business purpose to service providers or disclosed to third parties in the 12 months preceding the last updated date of this Privacy Policy and, for each category, the category of service providers or third parties to whom the Personal Information was sold or disclosed:

Category of Personal Information	Category of Service Providers	Category of Third Parties
Name
Email address	Email service provider
Postal address
Online identifier		Data analytics provider Advertising networks
IP address		Data analytics provider
Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology)		Data analytics provider Advertising networks
Telephone number
Geolocation data		Data analytics provider
Commercial information (records of products or services purchased, obtained or considered)
Professional or employment-related information (e.g., company name and contact information)
Inferences drawn from above information to create a profile about a consumer reflecting the consumer’s preferences		Advertising networks

 

We do not knowingly collect or sell the Personal Information of minors under 16 years of age.

Right to Request Deletion of Personal Information

If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected. However, per the CCPA, we are not required to comply with a request to delete if it is necessary for us to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

How to Submit a Request to Delete

You may submit a Request to Delete to privacy@franklinenergy.com or by calling us at: 1-877-287-3409. Your Request to Delete and other types of requests may be generically referred to as “DSRs” (Data Subject Requests). You may first be required to confirm your identity and otherwise verify your DSR before your request can be processed.

Our Process for Verifying a Request to Know or Delete

If we determine that your request is subject to an exemption or exception, we will notify you of our determination. If we determine that your request is not subject to an exemption or exception, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.

We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure or deletion as applicable.

For requests to access categories of Personal Information and for requests to delete Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.

For requests to access specific pieces of Personal Information or for requests to delete Personal Information that is sensitive and poses a risk of harm by unauthorized deletion, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

Right to Opt Out of Sale of Personal Information

If you are a California resident, you have the right to direct us to stop selling your Personal Information.

The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.

To opt out of our use of third-party advertising Cookies, please see the section “How You Can Opt Out of Cookies” above. You may submit a request to opt out of sales by sending your request to privacy@franklinenergy.com or by calling us at 1-877-287-3409.

Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights

We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.” As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.

Authorized Agents

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, and if the request is not subject to an exemption or exception, we will require additional information to verify your authority to act on behalf of the California resident.

Shine the Light Law

If you are a California resident, California Civil Code § 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third-parties’ direct marketing purposes (as those terms are defined in that statute). To make such a request, please send an email to privacy@franklinenergy.com with the subject line “Shine the Light Request” or write us at the address listed below under “How to Contact Us.”

Accessibility

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

How to Contact Us

For questions or concerns about our privacy policies or practices please contact us per below:

Toll free:         1-877-287-3409

Email:             privacy@franklinenergy.com