Privacy Policy

EnerNOC Data Privacy Policy

Effective July 1, 2016

EnerNOC, Inc. has established this Data Privacy Policy so that you understand how EnerNOC and its subsidiaries collect, store, use, disclose and protect your information when you access our websites and/or use any of our products or solutions (the “Solutions”).

EnerNOC is committed to respecting your privacy and has processes in place to protect your information. By browsing any of our websites or accessing or using any Solution, you agree to the terms of this Data Privacy Policy and you expressly consent to the collection, use and disclosure of your information in accordance with this Data Privacy Policy.

EnerNOC Solutions: Information Collection and Use

In order for you to use or access a Solution, you must expressly consent to EnerNOC’s access to certain information in order to provide you with the applicable Solution. EnerNOC may collect information from the Solution meters installed on your site. If you received our Solution through a utility company (“Utility”), we may receive information from your Utility. If you received our Solution through one of our distributors or resellers, including but not limited to, one of our affiliates that market our Solution, we may receive information from such party. In addition, we collect any information which you provide to us directly. Information collected through the foregoing methods includes your customer contact information, financial information, account information, customer metadata, energy costs, energy behavioral analytics information, and energy usage and performance data.

EnerNOC Websites: Information Collected Automatically

EnerNOC’s website(s) collect certain information about you automatically, including the domain that referred you to our website, the type of browser and computer operating system you use, navigational information, time and date of visit, Internet Protocol (IP) addresses, and cookies (as described in more detail below).

What are cookies?

A cookie is a small file that attaches to a computer or web browser when accessing or viewing a website. We use both session cookies and persistent cookies. Session cookies are used during a single website visit and are automatically deleted from your computer when you close your browser. Persistent cookies are used to track website activity over a longer period, and remain on your browser or computer until either you choose to delete them or they expire.

How does EnerNOC use cookies?

EnerNOC uses persistent cookies in several places on our website so we can pre-populate forms to improve your ease of use. For example, the information provided during a brochure download is captured so that you do not need to enter it again when requesting additional documents. EnerNOC may also use persistent cookies to collect analytical information about how visitors use our website. For example, we may measure website usage, access to online services, and the level of interest in particular products. We use this information to improve our service and provide a better experience for visitors to our website.

When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored.

Do I have to accept cookies?

Our website honors “Do Not Track” requests or similar signals transmitted by your browser. Some sections of our website (e.g. Press, Investors, Jobs, and EnergySMART pages) use cookies to retain your personal preferences for our website. If you use a “Do Not Track” or “Disable Cookies” feature on your Web browser, your browser will not remember your personal preferences when you return to the website (e.g. downloadable forms will not be pre-filled).

Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

Analytics

We use third party analytics services (“Analytics Services”), to help analyze how users use our websites. The information generated by the Cookies or other technologies about your use of our websites (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s Terms of Use and Privacy Policy. By using our websites, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of our Analytics Services, please contact us at globalcompliance@enernoc.com.

Our website also makes use of Remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting, and DoubleClick Campaign Manager integration. EnerNOC and third party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third party cookies (such as the DoubleClick cookie) together to (i) inform, optimize, and serve ads based on your past visits to our website and (ii) report how your ad impressions, uses of ad services, and interactions with the foregoing are related to your visits to the Site. In addition, EnerNOC may utilize Google Analytics data, including but not limited to, geographic, demographic, and interest reporting information to recognize and understand user preferences; make improvements to our website, products, and services; and for other business purposes that will allow us to better serve you. You may prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on available at https://tools.google.com/dlpage/gaoptout.

Pixel Tags

In addition, we use “Pixel Tags” (also referred to as clear gifs, web beacons, or web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users.

EnerNOC Websites: Information Collected When Voluntarily Provided

Registration forms on our website require you to provide accurate business contact information, which helps us deliver high quality service. By submitting your details on the registration form, you are indicating your consent to receive marketing emails from us and any co-sponsors of a webinar or other event. Information that you provide may be used to send you information about our company, the co-sponsor companies, and the products and services, special offers, and newsletters of our company and the co-sponsor companies which may be of interest to your business. To view or modify information previously submitted, or to opt out of receiving future marketing communications via email, click the unsubscribe link provided at the bottom of the email communication you receive. Please be aware, that even if you opt out of marketing emails, we may still provide to you administrative and operational emails regarding the EnerNOC website and the Solutions. We may also collect information from you at other points on our website that state that information is being collected.

We often receive testimonials and comments from users who have had positive experiences with our Solutions and services. We occasionally publish such content on our website, emails, and other marketing material. When we publish this content, we obtain the user’s consent prior to posting the user’s information along with the testimonial.

Information Collected from Third Party Companies

We may receive information and/or Anonymous Data (defined below) about you from third party companies. We may add this information to the information we have already collected from you.

Information Use

In general, information collected by EnerNOC may be used for the following purposes:

  • Communicating with you concerning our Solutions and services;
  • Responding to questions or requests you submit;
  • Enabling us to fulfill any contractual obligation owed to you;
  • Providing our Solutions and services, including our Solutions and services provided in conjunction with Utilities (as defined below);
  • Improving our website, Solutions and services;
  • Analyzing and optimizing any EnerNOC website;
  • Meeting legal and regulatory requirements; and
  • Notifying you about changes to our Solutions and services and sending you offerings of products and services in which you may be interested.

We may anonymize your information by excluding information (such as your name) that makes the data personally identifiable to you (“Anonymous Data”). We use this Anonymous Data, in part, to analyze request and usage patterns so that we may enhance our services. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

Information Disclosures

We disclose information to third party entities in the following ways or circumstances:

  • When we have your consent – you acknowledge that EnerNOC does not control or have responsibility for the manner in which such third parties use or further disclose your information;
  • To our subsidiaries and affiliated companies;
  • To third party businesses or persons who act as our service providers, including but not limited to, Utilities and providers who process information on our behalf;
  • Regardless of any choices you make regarding your information, we may disclose information if we believe in good faith that access, use or disclosure of such information is reasonably necessary to (a) resolve disputes, investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Service, (b) comply with any applicable law, regulation, legal process or enforceable governmental request, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) cooperate with any legal investigation, or (e) protect or defend the rights, property or safety of, EnerNOC, its users or the public; and
  • We may share some or all of your information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of insolvency, bankruptcy, or receivership, information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the information collected by us and will assume the rights and obligations regarding your information as described in this Privacy Policy.

Third Party Privacy Policies

EnerNOC’s Solutions and websites may contain links to other websites. Other websites may collect and treat your information differently, so we encourage you to carefully read and review the privacy policy for each website you visit. EnerNOC is not responsible for the privacy practices or the content of such websites. Any links from an EnerNOC website to another website does not imply that EnerNOC endorses or approves of such websites, or any third party products, services or publications.

Accessing, Updating, and Deleting Information

You may request access, corrections, or deletions of your information by contacting support@enernoc.com. We will use commercially reasonable efforts to honor your request. Please note that if you request deletion of your information, we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.

Use by Children

We do not intentionally gather information from visitors who are under the age of 13. If a child under 13 submits information to EnerNOC and we learn that the information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any information from a child under 13, please contact us at globalcompliance@enernoc.com.

Changes to Data Privacy Policy

This Data Privacy Policy may be updated from time to time for any reason. Please check www.enernoc.com frequently for any changes or amendments to our Data Privacy Policy. Your continued access or use of this website or any Solutions or services provided by EnerNOC after any such changes constitutes your acceptance of the Data Privacy Policy as revised.

 

Contact
If you have any questions, concerns, or comments, please contact us at globalcompliance@enernoc.com.

 

California Privacy Notice
California Privacy Notice, Effective 1/22/16