KESSLER ENERGY PRIVACY POLICY

Last updated: March 16, 2018

 

Websites operated by Kessler Energy, LLC (collectively "Websites"), including but not limited to the domain kesslerenergy.com, and all content available therein (including "Products" or "Trial Products") are the exclusive property of Kessler Energy, LLC and/or its affiliates (collectively "KE" or "Kessler"). Individuals accessing the site on behalf of a Client that has executed a KE "Master Agreement" (referred to as "Authorized Users") are subject to that Master Agreement and, by accessing the Websites, agree to be bound by the current "Terms of Use" (available here) and "Privacy Policy" (this document). All other users ("Other Users") by accessing the Websites agree to be bound by the current Terms of Use (available here), Privacy Policy (this document) and KE’s "Standard Master Agreement" (available here). Authorized Users and Other Users are referred to herein collectively as "Users". The Terms of Use, Privacy Policy and Standard Master Agreement may be amended or restated from time to time at KE’s sole discretion and are made available on the Websites to authenticated users. Users indicate their acceptance of revised or amended terms by continuing to access the Websites after the amended or restated version of the Terms of Use, Privacy Policy and/or Standard Master Agreement have been posted to the Websites.

 

The terms "Website(s)", "Product(s)", "Trial Product(s)" and "Authorized User(s)" are as defined in the corresponding Master Agreement or Standard Master Agreement.

 

CLIENT PRIVACY POLICY

 

Kessler Energy, LLC has adopted this policy to set forth the principles we will follow in safeguarding the nonpublic personal information of our clients.  The relationship between Kessler Energy, LLC and our clients is the most important asset of our firm. We strive to maintain our client’s trust and confidence in our firm, an essential aspect of which is our commitment to protect our clients’ personal information to the best of our ability.  To these ends:

 

1.   We believe that all of our clients value their privacy so we shall not disclose their personal information to anyone unless it is required by law, at their direction, or necessary to provide them with our services.

2.   We shall not sell our client’s personal information to anyone.

3.   We shall maintain strict physical and procedural safeguards to protect our clients’ personal information.

4.   We shall treat information about former clients in the same manner we treat information about current clients.

5.   We shall restrict access to information about our clients to our employees and agents who need it to perform their job duties.

6.   We shall provide an initial privacy notice to a new client at the time that our Form ADV Part 2 information is initially provided to a new client.  If we obtain nonpublic personal information about a person who does not become a client, we shall provide a privacy notice to such consumer prior to disclosing such information to a nonaffiliated third party.

7.   The Compliance Officer shall regularly determine and verify compliance with this policy.

 

INFORMATION COLLECTED

 

All information transmitted, printed or otherwise submitted to KE via the Websites shall be deemed to be the property of KE and KE shall be free to use such information for any lawful purpose as detailed herein. By using the Websites, Users consent to the collection and use of this information.

 

KE may automatically collect and/or track the following:

 

1. Web page http headers (home server domain names, IP address, type of client computer, client operating system, screen resolutions, color capabilities, browser plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, user input to our Websites (browser navigation data) and type of Web browser, URL visited just prior to "Websites" and/or URL visited just after "Websites");
2. Information knowingly provided by Users through on-line forms, registration forms, surveys and or other entries;
3. Information, user specific or aggregate, on what pages Users access.
4. Other information obtained through the course of doing business with Users about themselves, their employers or parent organizations, affiliates or employees.

 

CREDIT CARD INFORMATION

 

KE may, in certain instances, collect credit card numbers and related information from Users. When the credit card information is submitted to KE, such information is encrypted and is protected with SSL encryption software. KE will use the credit card information for the purpose of processing and completing fees in accordance with the applicable Agreement and/or orders submitted by Users to the Websites. Credit card information will be disclosed to third parties only as necessary to complete the purchase transaction.

 

PERSONAL INFORMATION

 

KE may collect, though the Websites or otherwise, certain personal information about Customers, including, but not limited to, names, email addresses, mailing addresses, and phone and fax numbers.

 

USE OF COOKIES

 

KE may currently or in the future use cookies and/or other new and evolving technological sources of information. "Cookies" are a feature within browser software. If enabled, KE may write cookies that may store small amounts of data on the Users computer(s) about their visit to any of the Websites. Cookies assist in tracking which information was entered and/or viewed on past visits. KE may use cookies to: keep track of the number of return visits to the Websites; accumulate and report detailed or aggregate, statistical information on website usage; deliver specific content based on interests or past viewing history and store information used to ensure accurate data is extracted from our systems. Cookies used by KE are 1^st party cookies (cookie data cannot be shared across websites) and do not include any personal data. Users may disable cookies, although the Websites may not function properly.

 

USE OF INFORMATION COLLECTED

 

KE uses information collected as described above to monitor and improve product quality and user experience. KE does not share personal information with other companies or individuals outside of KE or its affiliates.

 

ELECTRONIC COMMUNICATIONS

 

When Users access the Websites or send emails to KE, they are communicating electronically and consent to receive communications from KE electronically.

 

RETAINED CORRESPONDENCE

 

User acknowledges and accepts that any communication between the User, Kessler and their respective agents, including but not limited to telephone conversations, emails, instant chat, and text messages may be documented, recorded and retained by Kessler indefinitely for internal quality control and compliance purposes. Kessler is under no obligation to notify the User at the time the communication is being recorded. Kessler may make information pertaining to communications with Users available to government authorities and/or industry regulators if required to do so legally or by industry regulation.

 

SECURITY

 

KE maintains procedural, technical and physical safeguards to help protect your information against loss, misuse, or unauthorized access, disclosure, alteration or destruction.  However, no security system is impenetrable and we make no guarantees, warranties or representations that your information is protected from viruses and other security attacks.

 

SERVICE PROVIDERS

 

KE sometimes engages third parties, such as contractors, to provide certain operational services to us or on our behalf.  KE may share your information with those third parties as necessary for the third party to provide that service

 

COMPLYING WITH LEGAL PROCESS

 

KE will use or disclose User information in response to subpoenas, court orders, warrants, or legal process or to otherwise establish or exercise KE’s legal rights or defend against legal claims or in the event that Users violate or breach an agreement with KE. KE will use and disclose User information if KE believes it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use listed here or any agreement between KE and Users, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.

 

LINKS

 

The Websites and email messages from KE sometimes contain hypertext links to the websites of third parties. KE is not responsible for the privacy practices or the content of such other websites. Links to other websites are provided for convenience and reference only. KE does not operate or control in any respect any information, software, products or services available on such third party websites. This Privacy Policy does not apply to websites that are not linked to this policy.  Any information you provide when you visit websites other than those covered by this policy will be subject to the privacy policies posted on those sites. KE recommends that you review the privacy policy at each such site to determine how that site protects your privacy. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

 

AFFILIATIONS/MERGER/SALE

 

KE further reserves the right to disclose, transfer or share personal User information to companies who are affiliated with KE at KE’s sole discretion. If KE changes ownership through an acquisition, merger, sale or other change of business status, it reserves the right to transfer or assign the right to use personal User information and any information submitted to the Websites by Users in connection with any such corporate transaction.

 

FOREIGN USE OF WEBSITES

 

To the extent that Users access the Websites while domiciled outside of the United States, Users acknowledge that any information submitted to or otherwise obtained by Websites is collected, processed and stored in the United States, where the laws regarding the processing of your personal information may be less stringent than the laws in your country. By using this website you consent to the collection, processing and storage of any such information in the United States.

 

FRAUD PREVENTION

 

If false or inaccurate information is provided, including in relation to a person’s identity and fraud is identified, details about this information, including personal data, will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. KE and other organizations may also access and use this information to prevent fraud and money laundering, for example when: checking details on applications for credit and credit related and other facilities; managing credit and credit related accounts or other facilities; recovering debt; checking details on proposals and claims for all types of insurance; and checking details of job applications and employees.

 

CHILDREN’S PRIVACY

 

KE is strongly committed to the safety and protection of children. KE, through the Websites, does not knowingly accept or collect personal information (such as name, address, e-mail, address, telephone number, social security number, credit card information, date of birth, zip code) from children under the age of 18.

 

RIGHT TO CONTACT USER

 

KE reserves the right to contact Users regarding account status and changes to agreements, Terms of Use, Privacy Policy or any other policies or agreements relevant to the User.

 

GENERAL

 

In the event of conflict between this Privacy Policy and a Master Agreement or Standard Master Agreement, the Master Agreement or Standard Master Agreement shall govern for the item(s) in conflict.

 

ACCESS, UPDATE OR DELETE YOUR INFORMATION

 

You can see, review and change the information we have about you by sending us an email at support@kesslerenergy.com.  At any time, you may request us to delete your information by sending us an email at support@kesslerenergy.com.  Although we will make every effort to delete your information from our electronic databases, we may need to retain your information in our archives and records to comply with law, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use and other policies, take other actions otherwise permitted by law, and avoid incurring significant costs that would be required to remove all information about you from all of our archived electronic records.  In addition, if you have provided information to us in paper or we have recorded your information on paper, we may not be able to delete all of that information from our paper records or electronic copies of paper records.

 

CONTACT INFORMATION

 

Questions about these Terms of Use, Privacy Policy, the practices of the Websites or other matters relating to KE may be directed, in writing only, to:

 

Kessler Energy, LLC

1415 South Voss, Suite 110-421

Houston, TX 77057

 

BY VISITING THE "Websites" AND/OR REQUESTING INFORMATION, PRODUCTS OR SERVICES, "Users" AGREE TO BE BOUND BY THE "Terms of Use" AND "Privacy Policy" LISTED ON THE "Websites". IF YOU DO NOT AGREE WITH THE "Terms of Use" AND "Privacy Policy", PLEASE DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEBSITES REFERRED TO HEREIN.

 

PLEASE NOTE: THE "Terms of Use" AND "Privacy Policy" REFERENCED HERE CHANGE FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS THE SOLE RESPONSIBILITY OF "Users" TO BE AWARE OF CHANGES. "KE" DOES NOT PROVIDE NOTICES OF CHANGES IN ANY MANNER OTHER THAN BY POSTING THE CHANGES ON THIS WEB SITE.