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Privacy Policy

VITALITY ENERGY PRIVACY POLICY

INTRODUCTION:

SUMMA Energy Solutions, LLC, doing business as Vitality Energy (“Vitality”) respects your privacy and is committed to protecting it. Please read this Privacy Policy carefully to understand how Vitality collects and uses your personal information and data. This Privacy Policy covers all personal information and personal data that we receive from various sources, as outlined below. By using or accessing Vitality’s website(s) in any way, or by engaging in transactions with Vitality through any other means, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to our collection, use and disclosure of your information in the manner described herein. If you do not agree with this Privacy Policy, please do not use this website or transact business with Vitality.

For purposes of this Privacy Policy, “Personal Information” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other information you may produce to us. Both federal and state law in the United States define Personal Information (or personal data), as do the laws of Canada, the European Union, and other countries and jurisdictions. Your rights related to Personal Information, and how Personal Information is defined, differs somewhat from state to state and country to country. For example, a California resident likely has different rights than a Utah resident, and each of them likely has different rights than a resident of Canada.

Changes to Privacy Policy. We review this Privacy Policy regularly and may update it from time to time. We will post any changes on this page and may also provide notice of material changes to our Privacy Policy on our website home page or through our online SaaS (software as a service) subscription service. If you object to any changes to this Privacy Policy, you may close your account and discontinue use of our website and services. Each time you use any service of Vitality, you agree that the current version of this Privacy Policy applies.

PERSONAL INFORMATION THAT WE COLLECT:

Vitality has developed an online subscription service (the “Subscription Service”) and related software that provides utility billing and energy management services to property owners and managers, as well as for the tenants and other occupants of such properties. In connection with our business, we collect and process the following categories of Personal Information of individuals:

California Consumer Privacy Act Notice: Pursuant to the § 1798.110 of the California Consumer Privacy Act (“CCPA”), the categories of personal information that we have collected about individual consumers in the preceding twelve months are:

HOW WE COLLECT YOUR DATA:

General. Vitality collects Personal Information when you or your landlord, employer or organization register an account with us, when you visit our website, when you use our Subscription Service or other services, participate in a feature of our website that requests or requires your Personal Information, and when you otherwise transact business with or communicate with Vitality.

Sources of Personal Information include online submission forms, purchase orders, emails, instant messages, chat window communications, social media, in addition to the sources discussed below.

Data received from Subscription Service users. Our business customers who license our Subscription Service have employees who are granted administration rights to create accounts for other employees and for property tenants and occupants. Tenants and other occupants of the properties owned or managed by these customers may also set up their own accounts in the Subscription Service for utility billing purposes. These business customers act as data controllers (“Controllers”) in the use of the Subscription Service and the collection and processing of Personal Information to be able to effectively operate the Subscription Service. In such cases, our role in processing the Personal Information provided by our customers (or by their tenants or property occupants) is as a “Processor,” since we are processing data on behalf of the Controller (who is the customer). As a Processor, we are obligated to process this Personal Information as part of our license agreement entered with the customer. The Personal Information collected in this scenario generally includes the name, physical address and phone number of each assigned user, but may also include information related to employment, such as job title and role, scheduling information assigned to an individual and maintenance tasks performed by an individual. Processing of this Personal Information is performed on behalf of the customer and for the purpose of providing the services requested by the customer. If a tenant or property occupant sets up an account in the Subscription Service, Processing of their Personal Information is also performed by Vitality on behalf of such tenant or property occupant.

Data obtained for marketing purposes for potential customers or others. We obtain marketing data from third parties, such as marketing affiliates and web analytic services, that we use to reach out to inform potential customers and others of the services offered by our organization. The Personal Information collected generally includes the email address of a potential customer or other and may also include their name and phone number. We also use the contact information provided to us by our customers to communicate information about our products and services, which may include marketing our products and services.

Cookies and Other Tracking Technologies: Vitality uses tracking technologies such as cookies to collect information from your web browser through our servers or filtering systems when you visit our website(s).

Cookies are small text files placed on a user’s computer with the user’s browser to collect standard internet log information and to enable our website to track a user’s activities on the website. We use cookies to: (1) keep you signed in on our website; (2) enable website features for you; (3) help us understand how you use our website and what products or services may be most relevant to you; (4) provide analytics to improve website performance and effectiveness; (5) store user preferences; and (6) facilitate relevant targeted advertising on advertising platforms or networks. Cookies may also be set within emails in order to track how often our emails are opened. We may share this information with our affiliates and service providers.

You can change your web browser settings at any time to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit. If you do not accept cookies, however, our website may not function properly for you, and you may not be able to use some sections or functions of our websites.

To learn more about cookies and how to manage and delete them, visit http://www.allaboutcookies.org.

Vitality uses additional web user tracking technologies such as clear GIFs, pixel tags, and web beacons.

Information collected may include but is not limited to your browser type, your operating system, your language preference, any referring web page you were visiting before you came to our site, the date and time of each visitor request, and information you search for on our sites. We can also track the path of page visits on a website and monitor aggregate usage and web traffic routing on our sites.

Information from Third Party Platforms. We may obtain Personal Information from and process it through third party connected services/plug-ins for online transactions, communications and digitization services. These third party services include: Intercom (chat), Google (email and calendar), Stripe (payment processing), Comcast (internet service), AWS (database services), Salesforce (customer relationship management or CRM), Zendesk (service ticket management), Jira (project management), Zoho Books and Quickbooks (accounts payable and receivable).

The information you post or provide to third parties, as well as the controls surrounding these disclosures, are governed by the policies of these third parties.

Special categories of data not collected. We do not actively collect or otherwise process Personal Information from minors and include in our Subscription Service agreements a condition that the customer will not provide any Personal Information of minors to us. The age of a minor varies by jurisdiction. For the purposes of Personal Information collected from the European Union, the age of a minor is under age sixteen (16). For purposes of the Children’s Online Privacy Protection Act (COPPA) in the U.S., the age of a minor protected by such law is under age thirteen (13).

We also do not actively collect or otherwise process special categories of Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, or genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation.

We do not actively collect or otherwise process Personal Information relating to criminal convictions and offences.

HOW WE USE YOUR DATA:

We may use and process Personal Information for any purpose that is permitted under applicable privacy and personal information data protection laws in accordance with this Privacy Policy. “Processing” of Personal Information includes collecting, recording, organizing, structuring, storing, altering or modifying, retrieving, transmitting, disclosing or otherwise making available to third parties, deleting, and otherwise using or dealing with your Personal Information. We may process your Personal Information with or without automatic means.

These purposes include:

To the extent such Energy Data contains any Personal Information, Vitality and its business customer are not permitted to sell or otherwise provide such Energy Data to any third party unless the data been anonymized (e.g., no name or address attached to the particular data) and/or aggregated with other property occupants’ data, so that it is not identifiable as to any particular person. Notwithstanding the foregoing, Vitality and its customers may share Energy Data in its original form as necessary or appropriate to provide services to the property occupant (for example, using a third party to process payments) or to comply with their legal obligations. Such de-identified data may be retained and used by Vitality to improve its products and services and for other proper purposes, provided that such retention and use is permitted by applicable laws.

Legal basis. We base our processing of Personal Information on the need to perform our contractual obligations under our license agreements and our legitimate activities as a provider of cloud-based software and related services. We also process Personal Information to comply with applicable law and to exercise our legal rights. We may also use your Personal Information for internal purposes, including auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on legitimate interests in performing the activities of the organization.

HOW WE SHARE OR DISCLOSE YOUR DATA:

No sale of Personal Information. We never sell or rent Personal Information to third parties.

Disclosures of Personal Information. We may disclose or share your Personal Information with other parties in the following circumstances:

STORAGE OF PERSONAL INFORMATION:

We may store Personal Information that we have collected (through the means described above) in our subscription services that is hosted in third party data centers, in the systems of third party service providers, and in cloud storage solutions. Vitality is located in the United States. Currently hosting services are provided by Amazon Web Services (AWS)], and the AWS servers that store Personal Information are located in the United States. If Personal Information is transferred from one country to another, we will ensure that the information is transferred in accordance with this Agreement and the Privacy Policy, and as permitted by applicable data protection laws. Vitality stores all information in state of the art physical storage facilities and cloud storage. In doing so, Vitality uses appropriate physical, organizational and technological measures to protect the Personal Information you provide to us against loss or theft, and unauthorized access, disclosure, copying, use, or modification. This includes limiting access on a “need-to-know” basis. Where third parties (such as AWS) are used to host our products, we use third parties who meet required privacy and security standards.

However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients and Vitality will not be responsible for any breach of security unless this breach is due to its negligence. Although we are committed to employing reasonable technology in order to protect the security of our website, even with the best technology, no website is 100% secure. In transacting business with us through our website, you assume the risk inherent in transacting business online.

To offer our website, products and services to you, Vitality relies on plugins and services from third parties such as internet service providers, email service providers and plugins, calendar plugins, Customer Relationship Management (CRM) systems, credit card processors, and third party data storage, as listed above. To the extent these providers have access to your Personal Information, we will require that they are legally or contractually committed to comply with applicable privacy laws, In the case of credit card processors, we require that they be PCI DSS-compliant. However, we cannot guarantee with certainty that the computer systems and storage systems whereon these services are offered will not be accessed by unauthorized parties. This is a risk inherent in providing any information or, or conducting any business, online. In transacting business with us through the website, you assume the risk inherent in transacting business online.

Our cloud-based software and mobile apps are stored in and run from the cloud. Where third parties are used to host such products, we use third parties who meet required privacy and security standards.

PERSONAL INFORMATION SECURITY:

Vitality uses technical and organizational measures to protect the Personal Information that we store, transmit, or otherwise process, against accidental or unlawful destruction or disclosure, loss, alteration, or unauthorized access. Our security controls and risk management program and processes are designed to implement appropriate technological and organizational measures to ensure a level of security appropriate to the risks. We regularly consider appropriate new security technology and methods. Security measures implemented include:

RETENTION OF PERSONAL INFORMATION:

Vitality processes Personal Information for a reasonable period of time to fulfill the processing purposes mentioned above. Personal Information is then archived for time periods as required or necessitated by law or legal considerations. Vitality reserves the right to delete a customer’s data, including Personal Information provided by that customer, from its system after 30 days from the date of termination of its agreement with the applicable customer. Vitality also deletes Personal Information in response to an individual’s request, as set forth in the “YOUR RIGHTS RELATING TO YOUR DATA” section below.

Vitality reserves the right to retain usage data relating to our products and services, as well as data that has been anonymized and/or aggregated, to the extent permitted by applicable laws. With respect to any Personal Information collected by us for marketing or for our own internal purposes, we will retain that data for a reasonable time in order to fulfill those purposes.

We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that Personal Information is only stored and archived in alignment with our retention policy.

YOUR RIGHTS RELATING TO YOUR DATA:

If you wish to opt out from any of the uses of Personal Information that are specified in this Privacy Policy, except in the case of legal proceedings or where your data is required for tax and transactional purposes, please contact us as described in the “VITALITY’S CONTACT INFORMATION” section below. Please note that your subsequent disclosure of Personal Information to us nullifies any prior opt-out request.

Vitality does not discriminate against those who opt-out. However, opting out may prevent us from conveniently and efficiently providing further, product support services and information to you.

Unsubscribing to marketing communications: In particular, if we are sending you email communications of a marketing nature, an ‘unsubscribe’ option is provided in the footer of every email. You may also contact us directly to unsubscribe to marketing emails or other marketing communications, at the contact information set forth in the “VITALITY’S CONTACT INFORMATION” section below. If you have agreed to receive marketing communications, you may always opt out at a later date.

Your Canadian privacy rights. This section applies to Canada residents only.

Your Personal Information may be transferred outside of Canada for processing and storage. Vitality and its service providers may store Personal Information on servers located in other jurisdictions, including the United States. Please note that privacy laws in such jurisdictions differ from Canadian privacy laws (e.g., PIPEDA) and that in some jurisdictions your Personal Information may be accessed by law enforcement authorities or the courts in such jurisdictions. If you wish to:

you may contact our privacy officer at the contact information set forth below. We will respond to your request relating to your Personal Information within 30 days. We may be unable to remove information to the extent that it is permitted or required to be retained by applicable law or document retention and data backup policies, or if removal is not practicable due to technological reasons. Please note that removal of your Personal Information may prevent or hinder us from providing further services and information to you.

Vitality may require you to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of Personal Information. The information provided shall only be used for this purpose.

Your California privacy rights. This section applies to California residents only.

You can exercise your rights under the CCPA by calling our toll-free number set forth in the contact information below.

PRIVACY POLICIES OF OTHER WEBSITES:

Our website contains links to other websites. This Privacy Policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

VITALITY’S CONTACT INFORMATION:

If you have any questions about this privacy policy or your Personal Information that we hold, would like to cease receiving marketing materials from us, have any complaints, or would like to exercise any of your other rights related to your Personal Information, please contact us:

Vitality Energy
Contact: Christopher Atkins
5286 Commerce Dr., Suite A-186
Salt Lake City, UT 84107
E-mail: chris@vitality.io
Phone: (855) 915-3313

If you wish to report a complaint or if you feel that Vitality has not addressed your concerns in a satisfactory manner, you may also contact your state or local data protection authority.

Last updated: April 9, 2020

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