Last updated November 26, 2018
Pursuant to the EU General Data Protection Regulation (“GDPR”), we function in the capacity of a processor (“Processor”) for the Services we provide. The scope of applicable data protections and processing for those Services are set forth in contractual agreements covering the relevant data processing.
We function in the capacity of a "Controller" when we process certain personal data in order to maintain and provide the business relationship related to the Services we provide to our clients, such as names, addresses, email addresses, and other contact information for designated client representatives or personnel (“Client Relationship Data”). We also function in the capacity of a Controllerwhen we send marketing materials or communications to potential or existing clients (“Marketing Activities”) in accordance with applicable law.
|Website and Services||Operator (data controller)||Contact Information||Legal Inquiries|
1140 Garvin Place
Louisville, KY 40203
|gpenergymanagement.com||Pantheon Systems, Inc.|
717 California Street, Fl 2
San Francisco, CA 94108
Mundsburger Damm 14
Suite 500, 703 - 6 Ave S.W.
Calgary, AB T2P 0T9
Information We May Collect
You may provide your personal data to us when you visit our Websites and express interest in obtaining information from us or in engaging with us, and when you engage with our Services. “Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
In some cases, we will ask for your consent so that we may process your Personal Data. For example, we will request your consent (GDPR Art. 6(1) (a)) for the following:
- For our direct marketing purposes.
- To send you surveys in connection with our services
However, in certain circumstances, applicable data protection laws as noted below allow us to process your PersonalData without needing to obtain your consent. Those situations might include:
- To perform our contractual obligations (GDPR Art. 6 (1) (b)).
To perform our contractual obligations to you and your employees on whose behalf you have obtained the necessary consents, including our providing you with our Services, fulfilling orders or requests you have made, contacting you in relation to any issues with your order or use of our services, or where we need to provide your Personal Data to our service providers related to the provision of the Services.
- To comply with legal obligations (GDPR Art. 6 (1) (c)).
To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.
- Legitimate Interests (GDPR Art. 6 (1) (f)).
To operate our business and provide our Websites and Services (other than in performing our contractual obligations toyou and your employees) for our “legitimate interests” and for the purposes of applicable law, except wheresuch interests are overridden by your interests or fundamental rights and freedoms which require protection of Personal Data.
- To communicate with you regarding the Services, including to provide you important notices regarding changesto our operations and to address and respond to your requests, inquiries, and complaints.
- To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend ourrights and property, or the rights or safety of third parties.
- To develop, provide, and improve our services.
More information on the balancing test is available upon request.
Through the use of our website and services you may provide us with:
- Your first and last name, email address, company name, country and area of interest when you register with the Website for services or events and voluntarily provide the information.
- Additional information you post or provide when using the Websites, such as comments on blog posts.
- Information you may choose to provide in response to an email or phone contact with us that you have requested.
- Information obtained from satisfaction and product surveys that you may have opted in to receive.
- Information provided when you visit our career site, submit an application for a position, or query about a job opening, including information contained in your resume or cv, cover letter and salary requirements.
Registration and Marketing
To use certain portions of our Websites and to access certain requested content and information as part of our Services, a user must first complete registration and request forms. During registration and requests, users are required to provide Personal Data. Without providing the respective Personal Data users cannot register on the Website. This information is used to provide the user with a more personalized online experience, to process requests and orders, to track references and topics of interest and to contact the user about products and services on the Websitesfor which they have expressed interest. You will only receive communications from us if you have consented to this at thetime of registering or through other communications with us. You have the right to ask us not to use your Personal Datafor marketing purposes. If you do not wish to receive such communications, you may opt out by clicking on the “unsubscribe” link that appears on our promotional emails, or please contact us at the email address provided above.
Information We Automatically Collect
Like most websites, we also automatically collect and store certain information from visitors on our Websites. This may include the your Internet Protocol (“IP”) address or device ID, operating system, browser type, username, the pages of the Websites that you visit, the time spent on those pages, access dates and times, and location data sufficient to understand if certain regional offerings of our products are utilized. We may also collect the Internet address of the site that you visited before accessing the Websites. We use this information to monitor, analyze and administer the Websites, and to better tailor them to your needs. We also use this information to monitor usage of the Websites, analyze trends, administer the Websites, track user movement, personalize the user experience, and gather broad demographic information about our users.
We may also capture “clickstream data” about your Website usage. Clickstream data includes information about your “clicks” oractions on our Websites, such as what you see or click on during your visit and how you interacted with certain features. It can include information about your computer or device, web browser and operating system and settings and may includereferrer URL information that is automatically passes to us (that is, information about where the user came from before arriving on our Website, which may include search terms included in the URL string).
To collect this information, we use a variety of technological tools including cookies and click tracking:
A cookie is a small data file that is sent from a website and stored on your computer or device. Cookies allow us to recognize your browser when you return to our Sites, to serve certain features, to better understand how you interact with our Sites, and to monitor aggregated usage of our sites.
- Remembering that customers have already given a user name and password, so that they do not need to input these every time they visit the Website or move from one web page to another within the Website.
- Keeping track of preferences visitors specify while they are using our services.
- Displaying the most appropriate content and messages, based on visitors’ stated references, interests, and activity with us.
- Estimating and reporting our total audience size and traffic.
- Gathering information on how visitors use the Website, so as to help us improve the way the Website works and to improve our service to users
Third-Party Cookies on our Sites
Most browsers have settings that allow you to block certain types of cookies (such as “third party” cookies) and also allow you to delete cookies. To learn more about browser cookies, including how to manage or delete them, look in the “Tools”, “Help”, “Settings”, “Internet Options” or similar section of your web browser.
For more information about third-party advertisers and how to prevent them from using your information, or to opt out of certain tracking, visit the NAI’s consumer website at http://www.networkadvertising.org/choices or http://www.aboutads.info/choices/. If you choose to opt out using these tools, you need to opt out separately for each of your devicesand for each web browser (such as Internet Explorer, Firefox or Safari) that you use on each device.
Do Not Track
Our web servers do not change the way they respond to your browser when they receive a “do not track” signal.
How We May Use Your Information
We use contact and other information voluntarily given by our Websites’ users or obtained through Websites’ tracking to deliver, maintain, develop and monitor the Websites and services and to enhance user experience on our Websites by personalizing the experience. Information we collect may also be used in the following ways:
- To register you as a user of the Website(s), as required when you request to access certain areas of the Website(s).
- To identify you when you visit the Websites, including assisting you with logging in.
- To provide our services and information to you, including reporting to you on how your users are engaging with the services, making recommendations to optimize your use of the services, and to notify you about changes to our services and/or the Websites.
- To keep you posted on our and our Subsidiaries and Affiliates and, with proper consent, DMGT’s latest product announcements, software updates, and upcoming events. You may opt out anytime by contacting us at us the email address provided above.
- For marketing purposes where you consent to us for these purposes.
- To respond to your requests to attend our events, receive newsletters/alerts, and fulfill other requests.
- To help administer our Websites, and Services generally, including providing you with support and otherwise taking action to ensure that our Services are operating as expected.
- To plan future content, Services and events based on users' interests and our assessment of important trends and issues in the industries we serve.
- We may use visitors IP address to determine roughly where users are located, so that we can deliver advertisements to them while they are on our Websites.
Which Recipients May Use Your Data
We may share your Personal Data with third parties in the following circumstances:
- For marketing purposes where you consent to us sharing such data with third parties.
- To third-party vendors, consultants or other service providers in connection with the operation of the Websites and our business ("Service Providers") who need access to such information to carry out their work for us. This may include cloud computing companies, cloud communications platform as a service (PaaS), web analytics services, employment-related service providers, social networking services, and mailing and emailing services. For example, we may use credit card processing or verification service companies to verify credit card information.
- To our affiliated companies and DMGT with proper consent.
- As required by law to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.
- To protect the rights, property or safety of us or other Websites’ users.
International Data Transfers
If you are located outside of the United States, please be aware that your information will be transferred to, processed and stored in the United States and in other countries where we do business. Information you provide may also be transferred to or accessed by entities around the world and may be stored at a destination outside the European Economic Area (the “EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our third parties, Affiliates and Subsidiaries, partners or service providers.
Links to Other Websites
Your Data Rights
If you have declared your consent for any Personal Data processing activities, you can withdraw this consent at any time. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
Pursuant to applicable data protection law you may have the right to: request access to your Personal Data, request rectification of your Personal Data; request erasure of your Personal Data, request restriction of processing of your Personal Data; request data portability, and object to the processing of your Personal Data. Please note that these rights might be limited underthe applicable national data protection law. For further information on these rights please refer tothe additional information on Your Rights posted below.
You also have the right to lodge a complaint with a data protection supervisory authority, in particular in the Member State of your habitual residence, place of work or place of an alleged infringement of the GDPR.
To exercise these rights with respect to your Personal Data, please contact us at the email address provided above. If you want to stop receiving future marketing messages and materials, you can do so by clicking the “unsubscribe” link included in our email marketing messages or by contacting us at us via the email address provided above.
If you want to stop receiving future marketing messages and materials, you can do so by clicking the “unsubscribe” link included in our email marketing messages or by contacting us at us via the email address provided above.
We are committed to protecting the security, integrity and confidentiality of the data through the useof a variety of commercially reasonable, industry standard physical, administrative and technical safeguards. This includes, but is not limited to access controls, employee training, industry-standard encryption, firewalls, and server authentication technology to protect data when the Sites are accessed using a supported web browser. We host data in a secure server and cloud-based environment that use firewalls and other industry-standard technologyin an effort to prevent interference or access from outside intruders.
The Internet, however, is not perfectly secure and we are not responsible for security incidents not reasonablyforeseeable or reasonably within our control.
We require that you maintain the confidentiality of your user names and passwords. If you become aware of any unauthorized use of an account, loss of your account credentials or suspect a security breach, notify us immediately.
Your personal data is stored by us and/or our service providers, to the extent necessary for the performance of our obligations, including as necessary to maintain our security and business continuity, and for the time necessary to achieve the purposes for which the information is collected, in accordance with applicable data protection laws. When we no longer need to use your personal data to comply with contractual or statutory obligations, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it, unless we need to keep your information, including your Personal Data, to comply with applicable legal or regulatory obligations. These may include, for example, statutory retention periods which can result from applicable data privacy or other statutes and usually containretention periods from 6 to 10 years, or if we need it to preserve evidence within the statutes of limitation, which is usually three years but can be up to thirty years, depending on the country and situation.
Website and Service Updates
We occasionally send customers and users Website and Service announcement updates. Customers are not able to unsubscribe from service announcements, which contain important information about the services which they have purchased.
We communicate with users via email,postal mail or phone to provide requested services and to make them aware of issues relating to their account.
You must be 18 or older to use our Websites and Services. We do not direct any Websites or Services to, nor do we knowingly collect any Personal Data from individuals under the age of 18.
When we are operating as a Controller as described above, you are provided with certain rights related to your Personal Data. Note that in circumstances where we are operating as a Processor, you may have similar rights with the controller. In those circumstances, please contact your controller to exercise your rights.We will work with them and with you to address any requests you may have related to exercising your statutory rights as described below.
Please note that the rules in your country may provide you with additional rights or may limit the rights noted below. In all cases, our provision of the rights will comply with the applicable laws.
1. Right of access
You may have the right to obtain from us confirmation as to whether or not Personal Data concerning you is processed,and, where that is the case, to request access to the Personal Data. The access information includes – inter alia – the purposes of the processing, the categories of Personal Data concerned, and the recipients or categories of recipients to whomthe Personal Data have been or will be disclosed. However, this is not an absolute right and the interests ofother individuals may restrict your right of access.
2. Right to rectification
You may have the right to obtain from us the rectification of inaccurate Personal Data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.
3. Right to erasure ("right to be forgotten")
Under certain circumstances, you may have the right to obtain from us the erasure of Personal Data concerning youand we may be obliged to erase such Personal Data.
4. Right to restriction of processing
Under certain circumstances, you may have the right to obtain from us restriction of processing your Personal Data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
5. Right to data portability
Under certain circumstances, you may have the right to receive the Personal Data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to anotherentity without hindrance from us.
6. Right to object
Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, or where Personal Data are processed for direct marketing purposes at any time to the processingof your Personal Data by us and we can be required to no longer process your Personal Data.
Moreover, if your Personal Data is processed for direct marketing purposes, you have the right to objectat any time to the processing of Personal Data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your Personal Data will no longer be processed for such purposes by us.