Privacy Policy

Quality Conservation Services/Free Energy Savings Company Privacy Policy

Effective Date: January 1, 2020

Last Reviewed: December 26, 2019

Your privacy is a top priority for QCS and we make every reasonable effort to protect the information we hold about you. This Privacy Policy addresses information obtained from California consumers (California residents), QCS customers, website visitors, and mobile application users and is intended to inform you about how QCS treats personal information that we collect and use about you. This Policy covers Quality Conservation Services and its parent company, Free Energy Savings Company LLC. As used herein, "QCS" refers to Quality Conservation Services and/or Free Energy Savings Company LLC.

Except as noted in this Privacy Policy, this Privacy Policy does not apply to employment-related personal information collected from California-based job applicants, employees, directors, officers and contractors.

In addition to QCS's general privacy policies, California consumers and QCS customers who are California residents have specific rights under the California Consumer Privacy Act of 2018.

The rights include:

  • The right to request that QCS disclose what personal information we collect, use, disclose and sell about you;
  • The right to opt-out of QCS's potential sale to third parties of any personal information about you (QCS does not sell and will not sell personal information about you for any monetary value);
  • The right to require QCS to delete personal information about you if the information is not legally required to be retained or otherwise subject to an exception from deletion.
  • The right to be notified that we collect personal information about you, and the purposes for which the information will be used.

You may exercise your rights under the California Consumer Privacy Act as described in more detail below. You can also download a copy by visiting https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1121.

Verifiable requests may be submitted in writing to:

QCS Corporate Administration Center

Attn: Privacy Management

4751 East Arrow Highway

Montclair, CA 91763

Definitions

"Personal information" means any 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 consumer or household or QCS customer. Such information may be subject to confidentiality requirements.

"Service providers" means any entity other than QCS that processes information on behalf of QCS and/or to which QCS discloses a consumer's personal information for a business purpose pursuant to a written contract, including the host or sponsoring utilities.

"Third parties" means any person or entity other than QCS or its employees, which collects, uses or accesses personal information from QCS for any purpose other than a business purpose on behalf of QCS.

"You" means any California consumer, QCS customer, website visitor, or mobile application user.

Information We Collect and Disclose About QCS Customers and California Consumers

If permitted by law, we collect information about you from a variety of sources, including:

  • From you: When you are offered services or products or when asked to verify that you qualify for the services and products offered or as part of our provision of such items to you, we secure personal information from you or from other adult members of your household. This may be collected by phone with a customer service representative, by mail, by text, by email, through our website(s), or through vendors who provide or deliver services on our behalf
  • From third parties: When we work with third parties such as host or sponsoring utilities, government entities, service providers, vendors, contractors, or market researchers who provide utility products and services on our behalf.
  • From other sources: We may supplement the information described above with information we obtain from other sources, including from both online and offline data providers.

Sources of Personal Information

Information You Provide

Categories of Personal Information

  • Identifiers
  • Personal information categories listed in the California Customer Records statute
  • Protected classifications characteristics under California or federal law
  • Commercial information
  • Biometric information
  • Sensory data
  • Professional or employment-related information
  • Non-public education information

Information We Collect by Automated Means Online

  • Identifiers
  • Internet or another similar network activity

Information We Collect by Automated or Manual Means Through QCS or Utility Equipment

  • Geolocation data
  • Sensory data
  • Inferences drawn from other personal information

Information We Collect from Other Sources

  • Identifiers
  • Personal information categories listed in the California Customer Records statute
  • Protected classifications characteristics under California or federal law
  • Commercial information
  • Geolocation data
  • Professional or employment-related information
  • Non-public education information
  • Inferences drawn from other personal information

Examples of information that we may collect about you include:

  • The information you provide to us or to our associated utilities or other parties when you start, receive or discontinue services or products, such as your name, address, phone number, email address, and utility account number(s).
  • Billing and payment information used to pay your energy bill or for various energy efficiency products and services.
  • Information you provide to determine eligibility or participate in certain energy programs or services, such as Energy Efficiency, Energy Savings Assistance, CARE, etc.
  • Information used to visit, register for, manage, or access your online or other utility and energy accounts, such as your utility account number, name, address, phone number, and email address.
  • Information you fill out in any form on our website, mobile applications, or otherwise, such as signing up for information on our programs, alerts, notifications, or provision of services.
  • Information you give us when you communicate with QCS and/or any of its representatives.
  • Information which identifies you through information regarding the location of equipment and facilities involved in providing you products and services, such as the of electricity and gas meters and delivery facilities.
  • Personal information you provide us when applying for employment or a contract with QCS, or as an existing or former employee or contractor of QCS.

For some applications and or for analysis, we link service and energy information with your personal information.

We may supplement the information described above with information we obtain from other sources, including from both online and offline data providers. Such supplemental information may include contact information, such as your email address, demographic data, or other relevant information.

In particular, within the preceding twelve (12) months, QCS may have collected, through its website or otherwise, and disclosed to service providers and third parties the categories of personal information identified below in order to provide services to our customers, as required by law, or otherwise. Of particular interest may be that all of the information we have is normally provided to, or available upon request from, the host utilities with whom we have contracts or the regulatory agencies which have authority over those utilities, QCS or the goods and services provided.

The categories of personal information identified below include the categories of personal information about our customers, including California consumers as well as QCS job applicants, employees, directors, officers and contractors. In addition to QCS, service providers and host utilities, third parties to whom personal information may be disclosed on behalf of QCS may include contractors, vendors, service providers, government regulatory agencies, courts, and other third parties with a legal right to the information, as well as marketing, advertising and analytic companies. See also Information we obtain from your use of our website or mobile apps and How We Use Information below.

Category


A. Identifiers

Examples


A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, utility account number(s), Social Security number, driver's license number, passport number, or other similar identifiers.

Information Potentially Collected and Disclosed

Yes

B. Personal information categories listed in the California Customer Records statute

A 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, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Yes

C. Protected classification characteristics under California or federal law

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Yes

D. Commercial information

Records of personal and real property, products or services provided, obtained, or considered, or other purchasing or consuming histories or tendencies.

Yes

E. Biometric information

Physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information.

Yes

F. Internet or similar network activity

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Yes

G. Geo-location data

Physical location or movements.

Yes

H. Sensory Data

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

Yes

I. Professional or employment-related information

Current or past job history or performance evaluations.

Yes

J. Non-public education information

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Yes

K. Inferences drawn from other personal information

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Yes

The category of “personal information” does not include:

  • Publicly available information from government records;
  • De-identified or aggregated consumer information;
  • Information excluded by law from the definition of personal information, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Information we may obtain from your use of our website or mobile apps

  • Your visits to QCS's website or mobile apps: we collect information about visits to our website and mobile applications, such as the number of visitors and the number of users that click on certain links or use request certain services. For some applications, such as data analysis, we link other information with the customer visiting the website. We use industry standard software to create summary statistics of the data we collect, which may then be used to highlight what our visitors find interesting, to improve the website design and usability, to identify system performance issues, or for other internal purposes. We may use information about your location when you use certain features on our website.
  • Log Data: we may receive information that may be automatically recorded when you visit our website or mobile applications, including your Internet Protocol ("IP") Address. An IP address is a number automatically assigned to your computer every time you browse the Internet. When you visit the website, servers may log your current IP address. We may use your IP address to help diagnose problems and to administer the website. We may also use IP addresses to provide localized content to you on our website, which is related to your geographic region. Your IP address is not associated with your personal information and we do not use it to identify you when logging IP address data.
  • Cookies: when you visit or use our website or online services, our server may create cookies, which are small pieces of information placed on your device that provide a more convenient experience to you. QCS may use cookies and other similar technologies on our website and online services. We may also allow the host utilities and other business partners to use their cookies or similar technologies on our website or online services for the purpose of distributing the cookies to provide targeted advertisements or other commercial uses about programs or services that they offer. As a result, when you use or visit the website, you may provide or make available certain information to us and to our business partners, unless you opt-out of or disable the business partners' use of your personal information.

The data we may collect about website usage from cookies is not tied to your personal information and is only used in an aggregated form for the purposes of our own customer support, analytics, research, and improving our website. When you use features such as "Remember My Username," the cookie is associated with your personal information in order to provide you with a more convenient experience. We do not sell or transfer the data we obtain from cookies for a monetary value. We use cookies to evaluate website usage or provide energy services to you, or to offer programs and/or services that you may be interested in.

You may disable our usage of cookies through your browser settings. Please note that if you disable your browser's ability to accept cookies, you will be able to navigate QCS's website, but you may not be able to take advantage of certain actual or potential features, such as a "Remember My Username". In addition, you must contact our business partners directly to disable their use of cookies about you that you have consented them to use based on your use of their on-line services.

You may also click on the “Do Not Sell My Personal Information” link to direct QCS to not sell your personal information without your consent. QCS does not sell any personal information for monetary gain. However, as indicated above, we do provide extensive data to our host utilities as part of the services we provide on their behalf.

Targeted Communications on Social Media Sites

We may use social media services like Facebook and Twitter to communicate with you about our programs and services. You can follow us on these social media sites to receive regular updates. These social media sites also allow us to target notices to you using the information they maintain about you with your consent, even if you do not specifically follow us on their site. We may target notices to you using information such as cookies, pixels, zip codes, and interests.

Note: You will only see targeted ads if you agreed to receive this type of communication through your social media provider. You may be able to disable some, or all the advertising targeted to you on a social media site by adjusting your privacy settings on their site.

Web Browser "Do Not Track" Signals and Other Similar Mechanisms

Our website may not respond to certain "Do Not Track" signals. "Do Not Track" signals are used by some Web browsers to attempt to limit tracking related to your visits to a website.

Links to other websites

While browsing QCS's website or online services not sponsored by QCS, you may encounter and choose to access websites or online services operated by QCS business partners, companies or agencies that may not be associated with QCS by clicking on hypertext links or icons. These websites may send their own cookies to you, log your IP address, and/or otherwise collect data or personal information about you and your online activities. QCS does not control and is not responsible for what outside entities do in connection with their websites or online services, or how they handle your personal information. Please use caution and consult the privacy policies posted on each outside website that you visit for further information.

How We Use Information and Share Information with Service Providers and Third Parties

QCS collects, uses, and discloses your personal information to fulfill the following business and legally required purposes:

  • Provide utility and energy services or products to you in a safe, secure and reliable manner under QCS's legal obligations to the host utilities as defined in our agreements with each such utility and the obligations listed therein.
  • Comply with a valid warrant, subpoena, or court order, or exercise or defend legal claims.
  • Comply with a host utility or California Public Utilities Commission (CPUC) request or order, or comply with a request or order from other local, state or federal governmental agencies with legal authority to obtain the personal information from QCS.
  • Develop and implement marketing, education and outreach plans to improve the services and products we provide to you and other consumers.
  • Protect the safety and security of QCS's customers, visitors, employees and contractors by collecting and reviewing personal information to protect against fraud, other crimes and threats to safety.
  • Enable third parties, service providers, vendors and contractors to provide energy-related services, products or equipment on behalf of QCS or the host utility, as required in order to provide products and services to you, or for other business purposes consistent with QCS's commercial relationship with you, or to comply with QCS's legal obligations as a service provider to a regulated California public utility, subject to appropriate confidentiality and security requirements.
  • Notify credit reporting agencies and collection agencies to evaluate your credit or if your account is assigned for collection.
  • Assist emergency responders in situations of threat to life or property.
  • For any other business or lawful purpose reasonably anticipated within the context of QCS's relationship with you.

Sharing Personal Information with Service Providers and Third Parties

In order to provide you with services or to complete transactions requested by you, we may transfer your personal information to service providers who act on our behalf. Service providers acting on QCS's behalf are required to follow the similar privacy and security practices as QCS and are subject to an extensive security review of their data handling processes, except as subject to different requirements under applicable laws or regulations.

QCS does not disclose a consumer's personal information to any other person or business entity without your prior consent, except as necessary for the purposes listed above.

QCS may share aggregated, non-customer specific data and information derived from personal information with other entities for the purpose of performing activities that may help QCS provide and improve its products and services, including such programs as Energy Efficiency and Energy Savings Assistance, or to inform California energy policy as directed by the California Public Utilities Commission and other California government agencies which regulate the services we provide.

If permitted by law, we typically disclose the following categories of personal information to the following categories of entities for a business purpose or to comply with legal obligations:

Categories of Entities


Utilities, Service Providers, Vendors, Contractors Which Provide Equipment, Products, Services and Plans to Support QCS’s Services, Products and Programs Provided to Consumers and For Other Necessary Business Purposes

Categories of Personal Information Potentially Disclosed

  • Identifiers
  • Protected classification characteristics under California or federal law
  • Commercial Information
  • Geolocation data
  • Sensory data
  • Professional or employment-related information

Third Parties Receiving Personal Information Pursuant to a Valid Legal Warrant, Subpoena, Court Order or Legal or Regulatory Mandate, or Necessary for QCS to Defend or Assert Legal Claims

  • Identifiers
  • Personal information categories listed in the California Customer Records statute
  • Protected classification characteristics under California or federal law
  • Commercial Information
  • Biometric information
  • Internet or similar network activity
  • Geolocation data
  • Sensory data
  • Professional or employment-related information
  • Non-public education information
  • Inferences drawn from other personal information

Host Utilities, Regulatory Agencies, including the California Public Utilities Commission, California Energy Commission, and Federal, State or Local Agencies or Representatives with Authority to Obtain the Information

  • Identifiers
  • Personal information categories listed in the California Customer Records statute
  • Protected classification characteristics under California or federal law
  • Commercial Information
  • Biometric information
  • Internet or similar network activity
  • Geolocation data
  • Sensory data
  • Professional or employment-related information
  • Non-public education information
  • Inferences drawn from other personal information

First responders and other government entities during public safety emergencies

  • Identifiers
  • Protected classification characteristics under California or federal law
  • Commercial Information
  • Geolocation data
  • Sensory data

Financial institutions, credit agencies, and other financial services entities providing financial and auditing support services for QCS’s programs and services

  • Identifiers
  • Protected classification characteristics under California or federal law
  • Commercial Information
  • Inferences drawn from other personal information

Service Providers, Contractors, Vendors and Other Third Parties Which Provide Support for QCS General Business Processes and Purposes

  • Identifiers
  • Personal information categories listed in the California Customer Records statute
  • Protected classification characteristics under California or federal law
  • Commercial Information
  • Biometric information
  • Internet or another similar network activity
  • Geolocation data
  • Sensory data
  • Professional or employment-related information
  • Non-public education information
  • Inferences drawn from other personal information

Sharing Personal Information at Your Choice

You may authorize other companies or persons to receive your personal information from QCS, including the services and products provided to you. The cost to QCS of providing this requested information to another party shall be the responsibility of you and/or the recipient. Before sharing information, it is important that you understand how other parties intend to use your information, if they will share it with others, and your rights as a consumer.

Selling Personal Information

QCS has not sold consumers' personal information in the preceding 12 months for any monetary value and does not intend to sell in the future for any monetary value. However, we could be involved in programs that could be considered a "sale" under the California Consumer Privacy Act, such as in connection with our contractual responsibility to provide certain information on our participating consumers to the host utilities or their representative. This is an integral and necessary part of the services we provide to our consumers.

QCS does not and will not sell the personal information of minors under 16 years of age without affirmative authorization.

Click the “Do Not Sell My Personal Information” button on the website you have visited to direct QCS to continue to not sell your personal information without your consent.

Retention

We retain your personal information based on legal requirements or business needs. Generally, we only retain personal information for as long as is reasonably necessary for our business purpose or as required by law. Secure disposal methods are used when information is no longer needed.

Accessing and Managing Your Personal Information

To provide you with quality service, we rely on you to provide us with complete and accurate information. If you think the information we have about you is inaccurate or outdated, you may contact us to update or correct the information. You may update or correct your information by writing to us at the address listed in the "Contact Us" of our website.

We offer certain choices about how we communicate with you and what Personal Information you provide to us. In some cases, you have the right to limit, or opt-out of, the information you provide to us.

  • Social Security Number: You are never required to provide us with your Social Security number although it may under rare circumstances be requested to provide secondary identification. If you prefer to not provide this, other forms of identification may be requested.
  • Your Utility Account: It is normally a requirement of our providing service to you under our utility agreements and you will be required to provide your account number, if we do not already have it as provided by the host utility.
  • Email, Text and Phone Communications: We normally communicate with our current, prior and potential participants through emails, text messages and phone calls. If we are contacting you to see if you are interested in participating in a no-cost utility sponsored program, we assume, for purposes of a “Do Not Call” listing that you have an ongoing commercial relationship with the utility and with us when we are acting to implement the utility’s program. We also assume that you have given permission to contact you by text (to the utility and to QCS) if you have provided your text-capable phone number.

Your Rights and Choices under the California Consumer Privacy Act

As indicated above, the California Consumer Privacy Act provides California consumers (California residents) with specific rights regarding their personal information. This section describes your rights under the California Consumer Privacy Act and explains how to exercise those rights.

Access to Personal Information Upon a Verified Request

You have the right to request that QCS disclose certain information to you about our collection and use of your personal information over the past 12 months.

You may review those rights, including submitting a verifiable request to access the personal information by writing to us at the following address:

QCS Corporate Administration Center

Attn: Privacy Management

4751 East Arrow Highway

Montclair, CA 91763

Once we receive and confirm your verifiable consumer request (see Exercising Your Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling (if sold) that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).

Deletion Request Rights

In addition, you have the right to request that QCS delete any of your personal information that we collected from you, subject to certain exceptions, including when required to be retained by law or for our essential business or public utility purposes, such as providing services or products to you. These exceptions include record retention schedules and other requirements mandated by the California Public Utilities Commission, the California State Licensing Board, our agreement with your host utility, or other legally binding authority that effectively prohibit deletion of certain personal information.

Once we receive and verify your consumer request, we will delete your personal information from our records, unless an exception applies.

Exercising Your Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a written request, providing us with information to verify your identity, to:

QCS Corporate Administration Center

Attn: Privacy Management

4751 East Arrow Highway

Montclair, CA 91763

QCS cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request and whenever feasible, we will match the provided identifying information to the personal information in our possession from the past 12 month. If you wish to authorize a third party to make a request on your behalf, you must contact the QCS directly and must provide a valid California power of attorney or comparable documentation of written permission from you and verification of your identity with QCS. Such power of attorney must meet the requirements of Probate Code sections 4000 to 4465.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

You may also make a verifiable consumer request on behalf of your minor child.

Response Timing and Format

We will respond to a verified consumer request for personal information within 45 days of receipt. If we require more time (up to 45 additional days), we will notify you of the reason and extension period in writing. We will deliver our written response by mail or email address submitted by you and through a secure link, at your preference. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response will also explain the reasons we cannot comply with a request, if applicable.

For data portability requests, we will select a format to provide your personal information that is reasonably useable for transmittal of the information from one entity to another entity.

We may charge a reasonable fee, to the extent allowed, to cover our costs to process or respond to a verifiable consumer request, but will notify the requesting party of the estimated fee amount prior to executing the request.

Personal Information Sales Opt-Out and Opt-In Rights ("Do Not Sell")

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. QCS has not sold consumers' personal information in the preceding 12 months for any monetary value and does not intend to sell in the future for any monetary value. However, we could be involved in programs that could be considered a "sale" under the California Consumer Privacy Act, such as in supplying our host utilities with the personal information as part of our agreements with them to provide services to utility customers, which we have done in the past 12 months.

To exercise the right to opt-out of the sale of your personal information, you (or your authorized representative) may submit a request to us by clicking on the "Do Not Sell My Personal Information" button.

Non-Discrimination

We will not discriminate against you for exercising any of your California Consumer Privacy Act rights. Except as provided by our agreements with our host or sponsoring utilities and as permitted by law, QCS will not as a result of you exercising your privacy rights under the California Consumer Privacy Act:

  • Deny goods or services to you unless you prevent the use or sharing of information which is required under our agreements with host utilities.
  • Charge you 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 you, if you exercise your rights.
  • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Security

Protecting personal information is a top priority for QCS. We take extensive measures to ensure the integrity of our systems and protect your personal information. We continuously implement and update administrative, technical, and physical security measures to help protect personal information about you from unauthorized access, destruction, or alteration.

Children's Privacy Online

Children's privacy is important. We do not have areas of our website intended for use by children. We do not monitor the age of users of the website and do not intentionally collect information from children under the age of 13. If you are under the age of 13, you should not submit personal information on this website or any other website without the consent of your parent or guardian.

Changes to this Privacy Policy

We will review this Privacy Policy when significant changes occur and at least every 12 months. We will notify you of material changes through updates on QCS's website.

This information is largely taken from similar statements by our host utilities and we wish to acknowledge and thank them for the use of the language used on their website(s).

Contact Us

If you have questions, concerns, or complaints about this Privacy Policy, would like to request a current version, or would like more information regarding our process for updating this Privacy Policy, you can contact us by writing to the following:

QCS Corporate Administration Center

Attn: Privacy Management

4751 East Arrow Highway

Montclair, CA 91763