1. Overview

Home Energy Savings Solutions (“HESS,” “we,” “us,” and “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Policy (“Privacy Policy”). This Privacy Policy describes how we collect and use your Personal Information when you visit our website at https://www.homeenergysavingssolutions.com or otherwise use the Platform as described further in the Terms of Service, and that you may provide in electronic messages to HESS.

Please read this Privacy Policy to understand our policies and practices regarding your Personal Information and how we will handle it. If you do not agree with our policies and practices, do not use the Platform.  By accessing or using the Platform, you agree and consent to this Privacy Policy.

HESS may change this Privacy Policy at any time, at its discretion. Your continued use of the Platform after we make changes is deemed to be acceptance of and consent to those changes, so please check the Privacy Policy periodically for updates.

This Privacy Policy is subject to and governed by the HESS Terms of Service. The Services are part of the Platform and are described further in the Terms of Service.

2. The Types of Information That HESS Collects About You and How HESS Collects Information About You

HESS may collect two types of information from you when you visit the Platform: Personal Information and Non-Personal Information (collectively “Information”).

• “Personal Information” refers to data by which you may be personally identified, such as name, email address, employer, job title and department, and telephone number.
• “Non-Personal Information” means data that is about you, but does not identify you specifically. If you do nothing during your visit to our Platform but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.

We collect Information:

• Directly from you when you provide it to us. This happens when you subscribe to a newsletter, create an account, make a purchase, or request details from HESS. We may ask for your name, contact details, billing and shipping information, communication preferences, and account credentials to fulfill your request. Additionally, if you schedule an appointment through our Platform, attend an event or trade show, or reach out to us, you may voluntarily share similar details. If you provide Personal Information about others, it is your responsibility to ensure you have the necessary authorization to do so and to allow us to use their data as outlined in this Privacy Policy (such as by obtaining their consent).
• From third parties. We acquire information from partners, vendors, suppliers, and other external sources. These entities are usually corporate businesses (though they may also include educational or public institutions) operating in various regions where we conduct business. They typically fall into categories such as marketing and advertising companies, data providers, public databases, social media platforms, service providers, event hosts, research collaborators, or enterprises utilizing HESS Services. We take measures to ensure that any data obtained from third parties has been collected with proper consent or that these entities are legally permitted to share it with us. In some cases, we may gather information through a partner or jointly develop datasets as part of our business operations. This data helps us enhance our Platform, improve HESS Services, and develop new features and capabilities. Occasionally, we also combine data from multiple sources, including information you provide directly and data collected through your interaction with the Platform.
• Automatically, as you use the Platform or our Services. We track how you interact with the Platform through cookies, pixel tags, and similar technologies. For further details on our use of these tools, how you can manage them, and how we handle Do Not Track signals, please refer to our separate Cookies Policy.

3. How HESS Uses Personal Information It Collects About You and the Purposes for the Collection and Use

We use Personal Information that we collect about you or that you provide to us for the following purposes:

• For Functionality and Development of the Platform and HESS Services. We use information to provide, offer, and personalize the Platform and other HESS Services provided to you.  Some information, like your IP address, is used to communicate with your device to provide network connectivity, measure usage levels of the Platform, diagnose server problems and provide security features.  Other business purposes that depend on use of your information include data analysis related to testing, modifying, improving or developing new products, services and technologies, and to identify trends. Some Platform features may leverage artificial intelligence (“AI”) tools to enhance performance capabilities. We do NOT retain Personal Information to develop, improve, or train generalized AI or machine learning models, including user data provided via third party APIs, including but not limited to Google Workspace APIs. HESS Platform’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements. We use cookies to make our websites and the Platform operate, work more efficiently, and provide analytic information. Technologies similar to cookies, such as pixel tags are also used in connection with the Platform.
• For Customer Support, Platform Updating and Reporting. The Platform may use information to provide HESS with updates and reports, and to check that the Platform is working properly.  Update functions may automatically check your system to see whether files need to be refreshed, updated, or modernized, in order to provide you with the up-to-date security, versions, features, options and controls associated with your systems or devices.  We rely on information to analyze performance and improve and maintain the Platform.  We also rely on Personal Information you provide to us to provide you with customer support for the Platform and other HESS Services, and to verify eligibility for promotional offers.
• For Business Operations. We use information to operate our business; for example, to perform accounting, auditing, billing, reconciliation, and collection activities. Other business purposes that depend on use of your Personal Information include crime or fraud monitoring and prevention, protecting our legal rights, and performing contractual obligations.  We also use Personal Information to contact you to advertise, market and sell HESS Services in accordance with your communications preferences.
• To Communicate. We use contact information to send messages; to provide HESS Services; to respond to customer service requests; to provide alerts such as security updates or changes in our policies or about subscriptions that are ending; and to send marketing or informational materials like newsletters or white papers, in accordance with your communication preferences.  We occasionally conduct surveys, or do focused research or studies which may require you to voluntarily share Personal Information in order to participate.  These activities typically have additional notices that provide more information about the use of your Personal Information and to which you may be asked to consent.
• For Advertising and Marketing. We may use Personal Information collected from you, combined with information about what advertisements you viewed and other information we collect, to enable us to provide personalized content and to study the effectiveness of advertising and marketing campaigns.  You may choose whether to allow or deny uses or sharing of your device’s location by changing your device settings, but if you choose to deny such uses or sharing, we may not be able to provide you with certain personalized HESS Services and content on the Platform.
• For Statistical Purposes to Improve the Platform. We may compile Platform statistics into traffic reports, which help HESS understand, anticipate, and respond to user needs.  If we learn, for example, of heightened interest in certain aspects of the HESS Platform, we are likely to highlight that information on the Platform home page. This Information helps us create a better overall experience for Platform users.

LEGAL BASIS FOR OUR USE (APPLICABLE ONLY TO EEA AND UNITED KINGDOM VISITORS):  If you are in If you are located in the European Economic Area or the United Kingdom, the legal basis for collecting and processing your Personal Information depends on the type of data and the specific circumstances in which we obtain it.

We will only collect and use your Personal Information if:

• You have given us your consent,
• It is necessary to fulfill a contract with you,
• We are legally required to do so, or
• Processing the data serves our legitimate interests—such as administrative purposes, direct marketing, product development or enhancement, fraud prevention, or information security—without overriding your rights and data protection interests.

If we request your Personal Information to meet a legal obligation or perform a contract, we will inform you at the time of collection. We will also specify whether providing this information is mandatory and what the consequences may be if you choose not to provide it.

Likewise, if we rely on legitimate interests (ours or those of a third party) as the basis for processing your data, we will take reasonable steps to notify you and clarify those interests.

HESS is the Data Controller of all Personal Information collected through the Platform in the EEA and the United Kingdom, except with respect to the Services (where HESS is the Data Processor) or where a supplemental Privacy Policy says otherwise. The contact details for HESS are set out in the “HOW TO CONTACT US” section.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information for any specific processing activity, please contact us using the contact details provided under the “HOW TO CONTACT US” Section below.

RETENTION OF YOUR PERSONAL INFORMATION: We will retain your Personal Information only for as long as necessary to fulfill the purposes for which it was collected, including compliance with legal, regulatory, tax, accounting, or reporting obligations, as well as other purposes outlined in this Privacy Policy. If a complaint arises or we reasonably anticipate potential legal proceedings related to our relationship with you, we may keep your information for a longer period.

To determine the appropriate retention period, we consider factors such as the type, sensitivity, and volume of Personal Information, the potential risk of unauthorized use or disclosure, the purpose of processing, and whether that purpose can be achieved through other means, along with relevant legal and regulatory requirements.

In certain situations, you have the right to request the deletion of your data—see the “Your Legal Rights” section for more details. Additionally, in some cases, we may anonymize your Personal Information (so it can no longer be linked to you) for research or statistical purposes, allowing us to use it indefinitely without further notice.

4. How HESS Protects Your Information

The Platform is designed to provide reasonable and appropriate administrative, technical and organizational security measures to protect your Personal Information against risks such as temporary or permanent loss, destruction, and unauthorized or unlawful access, alteration, use or disclosure.  We require our suppliers and vendors to apply similar protections when they access or use Personal Information that we share with them.  Users of the Platform must also do their part in protecting the data, systems, networks, and service they are utilizing.  No technology, data transmission or system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that your password to any HESS account has been compromised), please immediately notify us by contacting us using the instructions in the “HOW TO CONTACT US” section below.

5. When HESS Shares Your Information

We collaborate with our affiliates to offer the Platform and other HESS Services, as well as with authorized suppliers and business partners. When sharing your Personal Information with these entities, we implement safeguards to ensure it is used only for lawful and authorized purposes in line with this Privacy Policy, along with appropriate confidentiality and security measures.

Additionally, we may share information with third parties for advertising and marketing purposes, when legally required or in response to legal proceedings, to protect our customers and lives, to ensure the security of the Platform, and to safeguard our legal rights. We may disclose Personal Information we collect or that you provide as outlined in this Privacy Policy:

• With Affiliates and Subsidiaries. For purposes limited to and consistent with this Privacy Policy.
• With Suppliers. Our authorized vendors and suppliers may require Personal Information to provide services we have contracted for, such as product delivery, website hosting, data analysis, IT services, auditing, or customer service.  We use a wide variety of software and tools at HESS, and we process Personal Information using these tools as a regular course of business.  Our contracts with suppliers and vendors include provisions to protect your Personal Information and limit its use.
• With Partners. We occasionally have relationships with third parties that are not suppliers or vendors but are working with us to offer certain opportunities such as marketing and similar promotions, to enable joint products or research studies, or to facilitate services on the Platform.  In these cases, additional terms or Privacy Policies may be provided.  For third parties or uses not described in this Privacy Policy, we share your information only with a lawful basis to do so.

• For Advertising and Marketing. We share your information with our third-party company partners to prepare and deliver advertising and marketing content, to provide content services and to enable them to provide you with more personalized ads and to study the effectiveness of our campaigns.

We work with third-party companies to communicate with you about products and services that may interest you, based on your preferences. These communications may reach you through various channels, including email, phone, or while using the Platform, HESS Services, or other websites.

The content you receive may be tailored based on factors such as past purchases or transactions, your device’s physical location, advertisements and content you have interacted with, or data collected through cookies and similar technologies. You have the option to manage your device’s location-sharing settings. However, if you choose to disable location access, some Platform Services and content provided by our partners may not be available to you.

• For Connections to Social Networks and Third Party Services. Where you are using our Services and have chosen to connect your social networks profiles to the HESS Services, or if you authorize a third party service to access your account, you are agreeing to provide information about you to the social networks and the third party services under their respective terms and privacy policies. For example, if you choose to connect your YouTube account to the HESS Services, this connection uses YouTube’s API services, and the Google Privacy Policy (located here) will apply to you. If you have authorized us to access your information via the YouTube API services, in addition to our normal procedure for deleting stored data, you may revoke our access to your data via the Google security settings page, located here.

• Sales, Mergers & Acquisitions. We may disclose Personal Information as part of a contemplated or actual corporate transaction such as a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

• With Your Consent. HESS may disclose your Personal Information to any other person or entity where you consent to the disclosure. For information about how to decline our advertising and marketing, please see the section entitled “Your Choices & Rights” below.

• We do NOT share your phone number or opt-in consent with third parties unless we’ve received your express written consent to do so.

We also share non-personally identifiable information, such as anonymized or aggregated information, with suppliers for purposes such as analysis, identifying trends in the areas of our products and to help research and develop new HESS Services.

HESS does not sell any of your Personal Information for monetary compensation.

6. Information From Children

We do not knowingly collect, use, or disclose Information from children under 16.  If we learn that we have collected the Personal Information of a child under 16—or the equivalent minimum age depending on the jurisdiction, such as 13 in the United States per the Children’s Online Privacy Protection Act—we will take steps to delete the information as soon as possible.  If you are under 16, do not provide any Information about yourself to HESS, including your name, address, telephone number or email address. If you become aware that Information of a child under 16 years of age has been provided, please use one of the methods provided under the “HOW TO CONTACT US” section below.

7. Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Platform, including the information or content contained therein.  This Privacy Policy does not address, and we are not responsible for, the policies and practices of third parties or other organizations that are not operating on HESS’s behalf, including policies and practices related to privacy and security, data collection, processing, use, storage, and disclosure.  This includes: (a) any third party operating any site or service to which the Platform links – the inclusion of a link on the Platform does not imply endorsement of the linked site or service by us or by our affiliates; or (b) any app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer (such as Facebook, Apple, Google, Microsoft, LinkedIn, etc.) – including any Personal Information you disclose to other organizations through or in connection with the Platform or other HESS Services.

8. Do Not Track

Some browsers incorporate a “Do Not Track” (“DNT”) feature that, when turned on, signals to websites and online services that you do not want to be tracked.  At this time, the Platform does not respond to DNT signals.

9. YOUR LEGAL RIGHTS

HESS respects your rights in how your Personal Information is used and shared. Depending on where you live, you may have rights to request access or corrections to your personal data and make choices about the kinds of marketing materials you receive (or choose not to receive marketing from HESS at all). See below for more information, depending on your location.

10. European Privacy Rights

If you are in Europe, you may have additional rights under the GDPR, the UK GDPR, or nFADP.  Additional choices and rights may be available to you depending on which HESS Services you use.

• Access, Correction to or Deletion of Your Information. If you would like to correct or update your Personal Information, or to request access to or deletion of your Personal Information, you may contact us by visiting the Platform or by using the contact details provided under the “HOW TO CONTACT US” section below.  If you request a change to or deletion of your Personal Information, please note that we may still need to retain certain information for recordkeeping purposes, and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). Some of your information may also remain within our systems and other records where necessary for compliance with applicable law.

At your request and where the law requires us to do so, we will confirm what Personal Information we hold about you.  You may also have a legal right to obtain a copy of your Personal Information.  You can make such a request by making a written request in one of the ways described in the “HOW TO CONTACT US” section below.  We may charge a processing fee for this service where permitted by law and we will require evidence of your identity before fulfilling your request.

• Data Privacy Rights Specific to Individuals in the European Economic Area, the United Kingdom, and Switzerland. You can object to processing of your Personal Information, ask us to restrict processing of your Personal Information, or request portability of your Personal Information.  You can exercise these rights by making a written request in one of the ways described in the “HOW TO CONTACT US” section below.

  Similarly, if we have collected your Personal Information with your consent, you can withdraw your consent at any time.  Withdrawing your consent will not affect (1) the lawfulness of any processing we conducted prior to your withdrawal, or (2) processing your Personal Information under other legal bases.

  If you believe we are using your Personal Information in a way that is inconsistent with this Privacy Policy or for more information about your rights, contact your local data protection authority.  Additionally, under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF, you may contact JAMS Mediation, Arbitration, and ADR Services (https://www.jamsadr.com/eu-us-data-privacy-framework) to address complaints and provide appropriate recourse free of charge to you.  Under certain conditions, you may invoke binding arbitration. For additional information on pre-arbitration requirements, please see Annex I of the DPF Principles.

• Advertising and Marketing Choices. We give you many choices regarding our use and disclosure of your Personal Information for advertising and marketing purposes.  You may access or update your contact details and modify your communication preferences by using one of the methods provided under the “HOW TO CONTACT US” section below.  Please also note that if you choose not to receive marketing communications from us, we may still send you communications related to your products or the Platform, such as information about a security update, service issue or product delivery.  Some advertising content is delivered through the Platform’s use of cookies and similar technologies. 

11. International Compliance

HESS is a global company with its headquarters in the United States.  As such, we may transfer your Personal Information between the United States and our affiliates and business partners in other countries.  We may also transfer your Personal Information to our third party service providers, who may be located in a different country to you.

HESS transfers information internationally in order to operate efficiently, to improve performance, and to create redundancies to protect information in the event of an outage or other problem.  In so doing, we will process your Personal Information in a way that meets the commitments of this Privacy Policy and complies with the law wherever we transfer it.

Whenever HESS transfers Personal Information beyond the country of origin, we will do so in accordance with applicable laws.  For Personal Information originating in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland that is transferred to a HESS entity outside the EEA, UK, or Switzerland, HESS participates in the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and, as applicable, the UK extension to the EU-U.S. DPF, and/or the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). HESS commits to the DPF Principles and, as needed, will take additional steps to provide appropriate safeguards for the Personal Information we transfer. The Federal Trade Commission has jurisdiction over HESS’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF).  HESS may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. HESS is liable in cases of onward transfers to third parties.

12. California Privacy Rights

This section applies exclusively to California residents and provides information about your rights under the California Consumer Privacy Act (CCPA), as amended (California Civil Code Section 1798.100 et seq.). With certain exceptions, the CCPA grants California residents the following rights:

• To be informed about the collection, use, disclosure, sale, or sharing of their Personal Information.
• To request access to, deletion of, or correction of their Personal Information.
• To opt out of the “sale” or “sharing” of their Personal Information (when applicable).
• To limit the use or disclosure of Sensitive Personal Information, as defined under the CCPA.
• To be protected from discrimination for exercising these rights.

HESS does not sell your Personal Information.  If you wish to exercise your right to opt-out of HESS using your Personal Information for cross-contextual targeted advertising purposes (called “sharing” under the CCPA), you may do so by using the details in the “HOW TO CONTACT US” section or the appropriate withdrawal mechanism provided to you on the Platform.

You can request access to, correction of or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section.  If you request a deletion of your Personal Information, please note that HESS may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by CCPA.  If you submit a request to exercise rights under CCPA, HESS will ask you to provide certain information to verify your identity.  This information will depend on your prior interactions with HESS and the sensitivity of Personal Information at issue.  If HESS denies your request, we will explain why.

You can designate an authorized agent to make a request under the CCPA on your behalf in certain circumstances. If you use an authorized agent for this purpose, HESS may ask you to verify your identity or that you provided the authorized agent signed permission to submit a request under the CCPA.  If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and HESS will respond to any request from such authorized agent in accordance with the CCPA.

The Privacy Policy describes the categories of Personal Information that HESS collects and how HESS uses such Personal Information. If HESS collects Sensitive Personal Information, we limit our use of the Sensitive Personal Information to uses: (1) you have authorized, (2) that are required to fulfill your requests for goods or services, or (3) that are otherwise allowed by the CCPA or required by other laws or regulations.

The categories of Personal Information collected, disclosed, and sold from California residents over the preceding 12 months and HESS’s applicable retention periods include:

13. Colorado Privacy Rights

This section applies exclusively to Colorado residents and outlines your rights under the Colorado Privacy Act (CPA). With certain exceptions, the CPA grants Colorado residents the following rights:

• To be notified about the collection, use, disclosure, or sale of their Personal Information.
• To request access to, deletion of, or correction of their Personal Information.
• To request to opt out of the use of Personal Information for targeted advertising, sales, or specific profiling activities.

You can request access to, correction of or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section. If you request a deletion of your Personal Information, please note that HESS may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by CPA.  If you submit a request to exercise rights under CPA, HESS will ask you to provide certain information to verify your identity. This information will depend on your prior interactions with HESS and the sensitivity of Personal Information at issue. If HESS denies your request, we will explain why. If we have not responded to your request or asked for additional time to respond to your request within 45 days after you send us a request, you have the right to appeal our failure to take action. To appeal our failure to take action, contact us using the details in the “HOW TO CONTACT US” section.

You can designate an authorized agent to make a request under the CPA on your behalf in certain circumstances. If you use an authorized agent for this purpose, HESS may ask you to verify your identity or that you provided the authorized agent signed permission to submit a request under the CPA.

14. Connecticut Privacy Rights

This section is addressed to Connecticut residents only and provides more information about your rights under the Connecticut Data Privacy Act or “CTDPA.” You can exercise your rights by using the details in the “HOW TO CONTACT US” section. If we inform you that we decline to take action regarding your request, you have the right to appeal our failure to take action by contacting us using the details in the “HOW TO CONTACT US” section.

15. Utah Privacy Rights

This section is addressed to Utah residents only and provides more information about your rights under the Utah Consumer Privacy Act or “UCPA.” You can exercise your rights by using the details in the “HOW TO CONTACT US” section.

16. Virginia Privacy Rights

This section applies solely to Virginia residents and outlines your rights under the Virginia Consumer Data Protection Act (VCDPA). With certain exceptions, the VCDPA grants Virginia residents the following rights:

• To be informed about the collection, use, disclosure, or sale of their Personal Information.
• To request access to, deletion of, or correction of their Personal Information.
• To opt out of the use of their Personal Information for targeted advertising, sale, or specific profiling activities.
• To be protected from discrimination for exercising these rights.

You can request access to, correction of or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section. If you request a deletion of your Personal Information, please note that HESS may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by VCDPA.  If you submit a request to exercise rights under VCDPA, HESS will ask you to provide certain information to verify your identity. This information will depend on your prior interactions with HESS and the sensitivity of Personal Information at issue. If HESS denies your request, we will explain why. If we inform you that we decline to take action regarding your request, you have the right to appeal our failure to take action. To appeal our failure to take action, contact us using the details in the “HOW TO CONTACT US” section.

17. How To Contact Us About This Privacy Policy

To ask questions about this Privacy Policy and our privacy practices, contact us at contact@homeenergysavingssolutions.com