EnergyCare USA, LLC (“EnergyCare USA” or “we,” “us” or “our”) is strongly committed to protecting the privacy of personal information of the users (“you” or the “user”) of our website (www.energycareusa.com) (the “Website”).

We have established this Privacy Policy to let you know the kinds of personal information we may gather during your visit to our Website, why we gather your information, what we use your personal information for, when we might disclose your personal information, and how you can best manage your personal information.

By visiting our Website, you are accepting the practices described in this Privacy Policy without limitation or qualification. If you do not agree to the terms of this Privacy Policy, please do not use the Website. We reserve the right, at our discretion, to modify or amend the terms of this Privacy Policy from time to time without notice. Your continued use of our Website, the website of our manufacturer EnergyCare S.A., and/or our affiliate sites following the posting of changes to the terms of this Privacy Policy will mean that you accept those changes.

Personal Information

EnergyCare USA adheres to the highest standards of ethical practices in all of our operations, and is dedicated to protecting the privacy of all visitors to our Website. This Privacy Policy is simple: Except as disclosed below, we don't sell, barter, give away, or rent your personal information to any party outside of EnergyCare USA. All personal information that we obtain about you will be used and protected by us in accordance with current data protection laws and this Privacy Policy. We will primarily use your personal information to provide products and services to you. Registration may also be required, and certain personal information may also be collected, in certain portions of the Website in which you specifically and knowingly provide such information, e.g., eNews, community postings (i.e., chat or bulletin boards), suggestions, or customer service requests, comments and questions. We may use some of this information to contact you about sales, new products, special offers, and new Website features, unless you have opted to not receive promotional communications in connection with our Website.

When you visit our Website, we collect so called “click stream” data (server address, domain name, etc.). This information can be combined with information you have provided to us (for instance by registering), which will enable us to analyze and better customize your visits to our Website.

We may also send you information via e-mail about products, offers and news we think may be of interest to you. This information may relate to products, offers and news of EnergyCare USA. We send you this information only if you have opted-in to receive our e-mails. If you do not want to receive any e-mails from us anymore, or if you want to modify your personal data or want your personal data to be deleted from our database, we refer you to the opt-out feature of providing this information.

Anonymous Information

Through your use of our Website, we may also gather certain information that does not identify you individually. We collect and store certain other information automatically whenever you interact with the Website. For example, we collect your IP address, browser information, and reference site domain name every time you visit the Website. We also collect information regarding user traffic patterns and Website usage. This information is used to analyze and improve the Website and to provide our customers with a fulfilling shopping experience.

Use of Cookies and Spyware

We never use or install spyware on your computer, nor do we use spyware to retrieve information from your computer. Like many websites, we use "cookies," which are files stored on your computer's hard drive by your browser. Cookies help us to optimize your shopping experience. Cookies also allow us to hold product selections in a shopping cart when a user leaves the Website without checking out, and to send you reminder e-mails about your shopping orders and other shopping opportunities.

Most browsers accept cookies automatically but allow you to disable them. We recommend that you leave cookies "turned on" so that we can offer you a better shopping experience on the Website. You may occasionally get cookies from companies advertising on our behalf. We do not control those cookies, and they are not subject to our cookie policy.

We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think may be of interest to you. If you have agreed to receive e-mails from us, we may also send you reminders about shopping opportunities.

Age Appropriate Access

The Website is not intended or designed to attract users under the age of 13. EnergyCare USA does not sell or ship any items ordered through the Website directly to anyone who we know to be under the age of 13, nor do we collect any personal information from anyone who we know to be under the age of 13. If you are under the age of 13, you should use the Website only with the direct and active involvement of a parent or guardian, and should not submit any personal information to us. Children under the age of 13 should not use our Website without obtaining prior parental consent.

Emergency Situations

We may use or disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend our rights or property, the Website, or our users, including, without limitation, to assist in debt collection where you owe a debt to us; (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, the users of the Website, or the public; or (d) as further discussed in the Terms and Conditions of the Website, cooperate with any law enforcement authorities, court order or subpoena requesting or directing us to disclose the identity of anyone posting on or transmitting through the Website any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

Security

Our goal is to deliver performance to you in every way. That includes security. The importance of security for all personal information associated with you is of utmost concern to us, and we maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of your personal information in our custody and control. We exercise care in providing secure transmission of your information from your PC to our servers, and employ industry-standard technology in order to protect the security of the Website (although we acknowledge that even with the best technology, no website is 100% secure).

Personal information is not available to the public. In many instances, such as in the case of credit card numbers and all on-line purchases, your personal information is encrypted before you conduct your transaction on the Website. Only those of our employees who need access to your personal information in order to do their jobs are allowed access to your personal information, each such employee having signed appropriate confidentiality agreements. Any employee who violates our privacy and/or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.

Most browsers will give a visual indication of when your connection is secure. For example, Internet Explorer will show a padlock icon in the lower right of the browser window. If you place an order through the Website, you will be asked to provide an email as well as a physical address. If you become aware of any loss, theft or unauthorized use of your credit card or personal information, please contact our Customer Care Department immediately by email at customercare@energycareusa.com or by phone at 877-322-1117.

Your Access to Personal Information

You may request access to the personal information that we have about you. If you are a registered user of the Website, you can access your profile information any any time by clicking on the “My Account” link on the Website. For further instructions on accessing the personal information that we have about you, please see the “Contacting Us” section of this Privacy Policy.

Governing Law

The Website is published in the United States and is intended for users from the United States. U.S. law shall govern your use of the Website and any and all disputes pertaining to the Website, including privacy or defamation issues or otherwise.

In such case that we may change EnergyCare USA’s ownership or corporate organization while providing the Website and services through the Website, please be aware that we may transfer your information to another company that is affiliated with us, with which we have merged or consolidated, or to which we have conveyed substantially all of EnergyCare USA’s assets (including the Website). Under such circumstances, to the extent possible, EnergyCare USA would obtain a commitment from its successor to follow the practices described in this Privacy Policy, as it may be amended from time to time.

Your Consent

By using the Website, you signify that you agree to the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not provide us with personal information and leave the Website.

(This Privacy Policy was last updated on April 5, 2010.)