Effective Date:  May 1, 2024

Agway Energy Services, LLC., its affiliates and subsidiaries (referred to in this Privacy Policy as “Agway Energy”, “we”, “our”, or “us”) is a nationwide marketer and distributor of a diverse array of products to meet the energy needs of our customers.

For California or Texas residents:  Additional information regarding our privacy practices under state-specific privacy laws is available here.

To learn more about opting out of cookies (including session replay software, or other similar technologies), view the .

For more information regarding the Chatbot icon on our Sites, please review Section II (3) below.

What is In Scope for this Privacy Policy

This privacy policy (“Privacy Policy”) by Agway Energy describes:

• What information we may collect when you visit our website at com, and when you purchase Products and Services (as it is defined below) from us, websites, webpages, subdomains, mobile applications (together, “Sites”), and any other features, content, functionalities, services, media, applications, or solutions offered by Agway Energy (collectively, “Services”);

• How we may collect, use, disclose and protect personal information as part of our business from individuals who use or interact with Services (“you” or “your”); and

• What choices and rights you have in protecting your personal information; and

• What to do if you don’t want to receive marketing e-mails from us or if you don’t want us to share certain personal information with a third party.

What is Out-of-Scope for this Privacy Policy

This Privacy Policy does not apply to

• the products and services or the website operated by Agway Energy’s affiliate, Suburban Propane, L.P. (Suburban Propane). A separate privacy policy for Suburban Propane is located at https://www.suburbanpropane.com/privacy-policy/.

• Our employment-related data collection practices, where we collect your personal information when you act as a job applicant, employee, corporate officer, independent contractor to Suburban Propane. A separate employment-related privacy policy will be made available to job applicants and employees.

Please read this Privacy Policy carefully. Each time you visit our websites or purchase and use our products and services, you consent to the collection, use and sharing of your information, unless you have previously opted-out, consistent with our then-current Privacy Policy.  If you do not agree with the terms of this Policy, you should immediately cease all use of our Services.

Agway Energy’s Services are housed on servers in the United States. If you are located outside of the United States, please be aware that personal information we collect will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws and principles, including your data subject rights, may not offer the same level of protection as those in the country/region where you reside or are a citizen.

Products and Services means all products and services received from Agway Energy including the natural gas, electricity supply and/or our EnergyGuard™ program, and Homesential home warranty services.

       I.            What is “personal information”?

“Personal information” means information that can be used to identify you, directly or indirectly, alone or together with other information.  This includes information, such as your full name, contact information, email address, phone number, device IDs, certain cookie and network identifiers, and other categories described below.

We may de-identify, aggregate and/or anonymize your personal information by excluding and removing data components (such as your name, email address, or linkable tracking ID) through obfuscation, or through other means so that the resulting dataset is no longer personally identifiable to you (such resulting dataset is known as “Aggregated Data”).  Our use of Aggregated Data is not subject to this Privacy Policy.

    II.            Information We May Collect About You

(1)   Applicable to all Services

To provide you the Services, and through your use of the Services, we may request you to provide us or collect certain personal information.  We will indicate on the form whether a particular field of personal information is mandatory or optional.  If you choose not to provide certain personal information, we may not be able to provide the requested Services.  We may collect the following categories of personal information:

• Contact Data, such as your first and last name, email and mailing addresses, phone number, professional title and company name.
• Profile Data, such as your username and password that you may set to establish an online account with us and any content uploaded to the Service (such as text, images, audio, and video, along with the metadata associated with the files you upload), including the account information relating to your MyAccount Customer Portal.
• Registration Data, such as information that may be related to a service, your account or an event you register for.
• Communications, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
• Transaction Data, such as information about payments to and from you and other details of products or services you have purchased from us.
• Usage Data, such as information about how you use the Service and interact with us, including information associated with any content you upload to the websites or otherwise submit to us, and information you provide when you use any interactive features of the Service.
• Marketing Data, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.
• Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

(2)   Applicable for Chatbot:

Where we display a Chatbot icon on our Sites, you may choose to use the chatbot to interact with us (“Chatbot”).

YOUR USE AND ACCESS TO OUR SITES ARE VOLUNTARY AND SOLELY AT YOUR DISCRETION.  WE MAY RECORD YOUR INTERACTIONS WITH THE CHATBOT.

By proceeding with interacting with the Chatbot, you agree that we can process (i) your personal information that is specifically and voluntarily provided by you when you interact with the Chatbot, and (ii) other personal information about your conversations with the Chatbot, including a text or transcript recording to allow us to respond to your inquiries.

We do not require, nor need any sensitive personal information (as defined by applicable data privacy laws) through the Chatbot.  Sensitive personal information may include, SSN, race or ethnic origin, financial account information, username and password, health insurance account number, medical records, among other.  If you choose to input sensitive personal information in the Chatbot, you give us your express consent to process sensitive personal information as necessary to interact with you and respond to your comments, questions or inquiries.

 III.            Your Choices to Control Your Information

Email Communication Opt-Out: To provide you with information regarding Agway Energy, we may send you promotional messages or materials via emails (“Email Communications”).  If you would like to unsubscribe from receiving our promotions, please send an e-mail to privacy@agwayenergy.com  to unsubscribe without creating an account.  You may also click on the UNSUBSCRIBE link contained in any promotional e-mail that we may send you.  Please note that certain Email Communications that are transactional in nature (for example, emails about your service appointments, or a change in terms and features of your MyAccount Customer Portal) may not contain an unsubscribe link or opt-out instructions.

Push Notifications or Other Notifications Generated Through Your MyAccount Portal or Mobile Applications: Where applicable, you may also adjust settings of your mobile application or your MyAccount to unsubscribe from push notifications or other communications generated through the MyAccount that you maintain with Agway Energy.

Cookie Tracking. You can modify your cookie settings on your browser.  For further control over your cookie setting and your ability to opt-out, view the Cookie Preferences.

Text Messages (SMS) Opt-Out: We ask for your consent to receive text messages (including, service appointment-related messages or our other products or services that you may be interested in).  Certain text messages may be sent by automated systems or technology.  You may unsubscribe from marketing text messages at any time by replying STOP or clicking the unsubscribe link (where available) in the messages.  For additional information, please review our “Terms of Use.”

  IV.            Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information was provided to Agway Energy. For example, if you request information about products and services when you register for promotions or sign up for our service When you voluntarily submit your Contact Data via the Agway Energy websites to receive promotional materials, you consent to receive information from us about our products and services.
• To administer and improve our Services, and for testing, research, analysis and product development.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To respond to your feedback, requests, questions, or inquiries. For example, we may retain your e-mail address and our response to you and use this information to answer your follow-up questions and measure how effectively we address your concerns.
• To customize offers of our products and services. We may ask you to voluntarily provide us with information about your interests, demographics, experience with our products and services, and contact preferences to help customize product and service offerings to our consumers.
• To assist with calls made to our customer service representatives or visits made to service locations,
• To manage your account;
• To create de-identified or anonymous data by excluding and removing data components (such as your name, email address, or other identifiers) that makes the dataset personally identifiable to you, through obfuscation, or through other means (“Aggregated Data”);
• To enforce the terms of agreements or protect the legal rights, property or safety of Agway Energy or a third party.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
• Other purposes related to the reasons for which you provided personal information to Agway Energy.

     V.            Disclosure of Personal Information

• Service Providers: We may share your personal information with service providers, and in some cases you may be asked to provide your social security number or driver’s license number directly to credit bureaus and consumer reporting agencies, to the extent necessary, so that we or they can provide you with customer service, information technology, cloud service, web hosting, and marketing and advertising, among other service relating to our products and services, and perform billing and payment functions.
• Corporate Affiliates: We may share your personal information with subsidiaries or affiliates of Agway Energy, so that they may provide and improve Services, send you information about special offers or products and services that may be of interest to you based on your purchase history, activity on our website and other information that you have given us.
• Acquisition and Similar Transaction: If we sell, transfer or otherwise share some or all of our assets in connection with a merger, reorganization, liquidation, dissolution, bankruptcy, or sale of assets, we may transfer your personal information as a part of the assets transferred as a result of the transaction without your consent.
• Legal Obligations: We may disclose personal information at the request of law enforcement or government agencies; in response to subpoenas, court orders, or other legal process; to establish, protect, or exercise our rights; to defend against a legal claim; to detect, investigate, prevent, or take action against illegal activities or potential threats to the rights, property, or safety of any other person; or as otherwise required by law.
• Professional Advisors: We may share your personal information with our insurers, and other professional advisors, including attorneys, accountants, and auditors that need access to your information to provide operational or other support on our behalf.
• With Your Consent: We may ask, from time to time, if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this Privacy Policy. We will only disclose your information in this context with your Consent.

  VI.            Safeguarding Your Personal Information

Agway Energy recognizes the importance of safeguarding your personal information and we endeavor to maintain reasonable security measures to protect against unauthorized disclosure or access.  When we engage third-parties to perform services on our behalf, we use commercially reasonable efforts to require them to observe the intent of this Privacy Policy or commit to implement certain security measures.  No method of data transmission or storage is 100% secure, so we cannot guarantee the security of your personal information.  The safety and security of your personal information also depends upon you.  Where you use a password for access to restricted parts of the Sites, you are responsible for keeping your password confidential.  Do not share your password with anyone.

a.      Links to Other Sites

The Agwayenergy.com website may provide links to websites or social media pages operated by other third-parties.  If you click through to another website or webpage, your activity will be subject to the privacy policy of that website or webpage, and not to this Privacy Policy.  We recommend that you review the privacy policies of other websites or webpages before you use them.

b.      Use of the Agway Energy Services by a Child Under Age 16

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet. Agway Energy’s Services are targeted at individuals over the age of 16.  Therefore, if you are under the age of 16, please do not submit any personal information about yourself to use through the Services or offline.  Agway Energy will not knowingly collect information from children under the age of 16.  If you are a parent or guardian of a child under the age of 16 and you believe that you child has provided us with any personal information, you should notify Agway Energy by sending an e-mail to privacy@agwayenergy.com.  Upon receipt of the e-mail, we will delete the child’s information, and will promptly remove it from any promotional contact list and database.  For more information about COPPA, please visit the Federal Trade Commission’s website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

VII.            Information about your Website Activity

If you use our Sites, we may use cookies and use other technologies to collect anonymous information, such as your Internet Protocol address, browser and domain data, navigation history and other information. We may use anonymized information for advertising purposes and general analytics.

a.      Cookies.

The technologies we use for this automatic data collection may include cookies.  A cookie is a small file sent to your computer as you surf the web.  They store useful information about how you interact with us through accessing our Services you visit.

b.      Other Similar Technologies

In addition, there are other automatic data collection technologies, such as HTML Local Storage, Social Widgets, or UTM Codes that can be used to collect data as users navigate through and interact with a website or emails.  These similar technologies can be embedded in a web page or in an email to transmit information, which may include personal information.

c.       What Cookies and Similar Technologies Are in Use and Why Do We Use Them?

You may disable the use of certain cookies by modifying your browser settings or making selections on our cookie opt-out page. However, some cookies are essential and required for the proper operation of a website.   If you choose to disable cookies, you may not be able to fully experience the interactive features of our websites.  Each cookie expires after a certain period of time, depending on its use. You can learn more about cookies and interest-based advertising and how to opt-out of receiving tailored advertising or non-essential cookies by visiting resources such as the Network Advertising Initiative Consumer Opt-Out website at https://www.networkadvertising.org or the Digital Advertising Alliance YourAdChoices websites at https://www.youradchoices.com (please note: we do not operate or control these third party sites, and there may be additional ways for you to opt out of online advertising).

d.      Do Not Track

At this time our websites do not respond to “Do Not Track” signals transmitted by browsers.

e.       Other similar tracking technologies

Third-party services, such as tracking pixels, web beacons, social widgets, Google Analytics, or other data aggregators may collect and disclose information on your usage of Agway Energy’s websites and/or mobile applications.  They do not provide information back to Agway Energy that links user website activity data to specific individuals.  Some of these services may be able to link the user’s activity on the Agway Energy Sites with other data and target a message to a specific user when the user is on another web or social media site.

Particular third-party cookies or tracking technologies used on the Sites may include, but are not limited to:

• Google Analytics: We may use Google Analytics to collect and process data about the number of people using the Sites and to better understand how they find and use the Sites.  For more information on Google Analytics’ processing of your personal information, please see “How Google uses data when you use our partners’ sites or apps” at https://policies.google.com/technologies/partner-sites. If you have questions about an ad or other targeted content that you receive, or how third-party services use your data, you should contact the third-party services directly.  To opt out of Google Analytics cookies, visit: https://tools.google.com/dlpage/gaoptout/ or https://support.google.com/analytics/answer/181881?hl=en

• Session Replay Software and other tracking technologies. We may use certain session replay technologies, and/or other similar software, which could enable us to review, analyze, capture and visually replay the web browsing experience of users.  Such technologies may record your clicks, mouse movements, scrolling, form fills (keystrokes) in certain fields, page response times, length of visits to certain pages, pages visited and consent, time on site, web browser, operating system, device type, IP address, and similar metadata (“Usage Data”).  We use this Usage Data to assess how you use and interact with our Sites to enhance user experience, analyze performance on traffic on our Sites, and improve and market our products and services.  The information collected through these session recordings is anonymized.By visiting and/or using our Sites, you hereby consent to the use of session replay technologies and/or other similar technologies, the collection of this data by us and the recording of your experience on our Sites being accessed, collected, stored, and otherwise processed by us and our third-party service providers as set forth in this Privacy Policy.

f.        Choices About Cookies

Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may also set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website tracking technologies and advertising. You may adjust your browser settings to opt out of accepting a “persistent” cookie and to only accept “session” cookies, but you will need to log in each time you want to enjoy the full functionality of our Sites.

If you decline the use of cookies, you may not have access to the full benefits of the Services. Further, your opt-out only applies to the web browser you use, so you must opt out of each web browser on each computer you use.  Once you opt out, if you delete your browser’s saved cookies, you will need to opt out again. In addition, adjusting the cookie settings on the Services may not fully delete all of the cookies that have already been created.  To delete them, visit your web browser settings after you have changed your cookie settings on the Services.

Additional information is provided below about how to disable cookies or manage the cookie settings for some of the leading web browsers (PLEASE NOTE: these third-party links are provided for your convenience, and we may not actively monitor the content of these links):

For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/.

VIII.            Retention and Deletion

We keep your personal information only as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.  In some circumstances, we may de-identify, aggregate, or otherwise anonymize your personal information consistent with applicable laws and industry standards so that it can no longer be associated with you, in which case it is then treated as non-personal information.

  IX.            Changes to the Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time without prior notice and will post the updated version and its effective date at https://www.agwayenergy.com/privacy-policy/.  If we make a change to this Privacy Policy that, in our sole discretion, is material, we will notify you as appropriate under the circumstances.  Unless otherwise indicated, any changes to this Privacy Policy will apply immediately upon posting.  Please review the link to Privacy Policy periodically for updates.

     X.            Contact Us

If you have any questions regarding this Privacy Policy, please contact us at:

• E-mail: privacy@agwayenergy.com
• Phone: (877) 976-6866

U.S. STATE-SPECIFIC PRIVACY ADDENDUM

This U.S. State-Specific Privacy Addendum (“U.S. Privacy Addendum”) supplements Agway Energy’s Privacy Policy and provides additional information regarding privacy rights provided under applicable U.S. state privacy laws.  The information below applies if you are a resident of the state(s) specified below, and the relevant rights will be available from the date when the applicable U.S. state privacy laws and regulations take effect.  For the purposes of this U.S. Privacy Addendum, “Personal Information” shall have the same meaning as the term “personal data”, “personal information”, or “personally identifiable information” as defined in the U.S. state privacy laws, as applicable.

We reserve the right to amend this U.S. Privacy Addendum at our discretion and at any time.  When we make changes to this addendum, we will post the updated version on our website and update the Effective Date for the applicable section.

Table of Contents

1. Notice to California Residents
2. Notice to Texas Residents (effective on July 1, 2024)

NOTICE TO CALIFORNIA RESIDENTS

Last updated: January 1, 2024

The following provisions apply when we process Personal Information of one or more residents of California (“California Consumer(s)” or “consumer(s)”).  Data privacy and protection laws and regulations in California (“California Privacy Laws”) provides California Consumers with specific rights regarding their Personal Information. If you are a California Consumer, you may rely on our Privacy Policy and this “Notice to California Residents”, which provide information required under the California Privacy Laws and explains how to exercise those rights.

a.      Personal Information Collected

Consistent with Section II (Information We May Collect) above of our Privacy Policy, the table below describes the categories of Personal Information collected within the preceding 12 months:

1. Data Category Table

2. Categories of Sources and Purposes for Which We Use your Personal Information: We obtain the categories of Personal Information listed above from the following sources:

• Directly and indirectly from our customers who are California Consumers or their agents.
• Directly and indirectly from your activities on your devices, our websites, mobile applications and/or other Services (including MyAccount Customer Portal and/or related mobile applications).
• From third-parties that interact with us in connection with the Services.
• From our commercial clients, business partners, service providers, and certain third parties that we interact with.
• From government authorities.
• From publicly available sources.

We use the categories of Personal Information listed above to provide our Services to you, to operate, manage, and maintain our business as disclosed in Section IV (Use of Personal Information) of our Privacy Policy.

2. Disclosure of Personal Information: We may disclose your Personal Information to a third party for a business purpose. In the preceding 12 months above and for business purposes, we may have disclosed Categories A, B, F, I, K in the Table above to our (i) affiliates, (ii) service providers such as payment processing, web hosting, information technology, customer services, cloud service, data analytics, social networks, marketing and advertising, (iii) third parties, which you have authorized us to disclose your California Personal Information in connection with Services made available for your use or access. Please see Section V (Sharing Personal Information) of the Privacy Policy to learn more about the categories of recipients to whom we disclose your California Personal Information.  We disclose each of these categories of California Personal Information with our service providers to the extent necessary to provide our products and services and as otherwise described above.  Additionally, within the past 12 months, some of our online advertisers may have used and disclosed Category F (Internet or other similar activity) (i.e., Usage Data) collected automatically from the Services, which are designed solely for customers over the age of 16.  This may be a “sale” as broadly defined under California Privacy Laws.  Therefore, we provide additional information on California Consumers’ right to opt out below.
3. Data Retention: Consistent with Section VIII (Retention and Deletion) above, we keep your Personal Information only as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.
4. Purposes for which we collect, use or disclose Personal Information. We use the categories of California Personal Information listed above to provide our Services to you, to operate, manage, and maintain our business as disclosed in Section IV (Use of Personal Information) of this Privacy Policy, and to accomplish other business and commercial purposes, including the following:

b.      Your California Privacy Rights

·         Right to Know or Portability

As a resident of the State of California, you have the right to request that we disclose certain information to you regarding our collection and use of your California Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• categories of California Personal Information we have collected about you;
• Categories of sources from which we collect the California Personal Information about you;
• Our business or commercial purpose for collecting or selling that California Personal Information;
• Categories of third-parties with whom we disclose that California Personal Information;
• Specific pieces of California Personal Information we collected about you (in a format easily understandable to the average consumer also called a data portability request);

To the extent a business sells or shares California Personal Information, a consumer shall have the right to request the business to identify, during the past 12 months:

• categories of California Personal Information that we sold or shared, and the category of third-party recipients; and
• categories of Personal Information disclosed for a business purpose and the categories of third-party recipients.

** While the sale or sharing California Personal Information as defined under the California Privacy Laws is not applicable to how we collect or use your Personal Information, we provide this information as this is a core part of your rights as a California Consumer.

·         Right to Delete

Subject to certain exceptions, you have the right to request that we delete any of your California Personal Information that we collected from you and retained as permitted under the California Privacy Laws.

·         Right to Opt-out of “Sale” and Certain “Sharing” Practices

You have the right to opt-out of certain data sharing practices with third parties, who may use your California Personal Information solely for their own purposes.  Your right to opt-out is limited to Personal Information we “sell” or “share” to these third parties.  “Sell” in this case does not mean providing data in exchange for money – we don’t do that (and we do not knowingly sell or share personal information of consumers under the age of 16).  “Sell” or “sharing” instead means the disclosure or release of California Personal Information, including technical device data that does not identify you directly but can be attributed back to identify you, when a third party might use that data for its own purposes, such as for personalized advertising or cross-context behavioral advertising, whether or not for monetary or other valuable consideration.  You may opt out by using the “Contact Information” for compliance with California Privacy Laws as described below.

·         Right to Correct.

Subject to certain restrictions, you have the right to request that we correct inaccurate California Personal Information that we maintain about you.  Our goal is to keep your California Personal Information accurate, current, and complete.  If you believe your California Personal Information is not accurate (other than the one listed on your account, which you may modify at any time), you may submit a request by using the “Contact Information” for compliance with California Privacy Laws as described below.

·         Right to Limit Use and Disclosure of Sensitive Personal Information.

In certain circumstances, a California Consumer has the right to limit the use and disclosure of “sensitive personal information” as defined under the California Privacy Laws unless a business’ use of sensitive personal information is reasonably necessary to perform services or provide goods reasonably expected by an average consumer.  While this consumer right is not applicable to how we collect or use your Sensitive Personal Information, we provide this information as this is a core part of your rights as a California Consumer.

·         Right to Non-Discrimination

We will not discriminate against you for exercising any of your rights under the California Privacy Laws. Unless permitted by California Privacy Laws, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

·         Exercising Consumer’s Rights under the California Privacy Laws

(i)         Contact Information: To exercise your rights as a consumer under the California Privacy Laws, please submit a verifiable consumer request to us by either:

• Visiting https://www.agwayenergy.com/privacyrequests
• Calling us at 888-977-8588
• You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

(ii)        Verification Procedures. You may also make a verifiable consumer request on behalf of yourself and/or your minor child under the age of 16.  We are required to verify the identity of individuals who submit a consumer request.  The verifiable consumer request must provide sufficient information that (i) allows us to reasonably verify your identity; and (ii) describes your request with sufficient details that allow us to reasonably respond to these requests.  The information may include (as applicable) your name, the email address you regularly use to interact with us, your telephone number, your date of birth, and, if available, your account number.  We will take steps to verify your request by matching the information provided by you with our records.  In some cases, we may request additional information to verify your identity in order to process your request.  We can only respond to your request or provide you with California Personal Information after we verify your identity or authority to make the request.  We may deny your request if we cannot verify your identity after a good faith attempt.

(iii)       Authorized Agent.  You may designate an authorized agent to make a request on your behalf.  Authorized agents will be required to provide proof of their authorization. Individuals operating as an authorized agent on behalf of one or more California Consumer must provide a written authorization document, signed by the California Consumer, containing the California Consumer’s name, address, telephone number, and valid email address, and expressly authorizing the individual to act on behalf of the California Consumer.  We may also require that you directly verify your identity and the authority of your authorized agent.  We reserve the right to reject authorized agents who have not fulfilled the above requirements or automated requests under California Privacy Laws where we have reason to believe the security of the requestor’s personal information may be at risk.

(iv)       Response Timing

We strive to respond to a verifiable consumer request within 45 days of its receipt.  If we require additional time, we will inform you of the reason in writing and take an additional 45 days to respond to the request.  Written responses will be provided based upon the information you provide.

NOTICE TO TEXAS RESIDENTS

Effective Date: July 1, 2024

We set forth above in our Privacy Policy the categories of Personal Information we may process, the purpose for processing Personal Information, the categories of Personal Information we may share with third parties, and the categories of third parties with whom Personal Information is shared.

This Texas Privacy Notice applies if you are a resident of the State of Texas and explains how to exercise your data privacy rights as a Texas resident. The Texas Data Privacy and Security Act (“Texas Privacy Laws”) provide residents of Texas (“Texas Consumer(s)”) with specific rights regarding their Personal Information.

If you are a Texas Consumer from whom we control or process Personal Information that is within the scope of and subject to Texas Privacy Laws, you may rely on the Privacy Policy and the additional information below.

1. Your Texas Privacy Rights. Subject to certain limitations and exceptions under the Texas Privacy Laws, Texas Consumers have the following rights:

• Right to Access. You have the right to know whether or not we are processing your Personal Information as a controller and to access such Personal Information.
• Right to Correct. You have the right to request that we correct any inaccurate Personal Information that we have collected about you.
• Right to Delete. Subject to certain exceptions, you have the right to request that we delete the Personal Information provided by or obtained about you.
• Right to Portability. You have the right to obtain a copy of your Personal Information (if such data is available in a digital format) that you previously provided to us in a portable and to the extent technically feasible, readily usable format to you to transmit the data to another controller.
• Right to Opt-Out. You have the right to opt out of the processing of your Personal Information for the purposes of: (a) targeted advertising; (b) the sale of your Personal Information; or (c) profiling in furtherance of a decision that produces a legal or similarly significant effect concerning you as a Texas Consumer, to the extent such instances occur (as defined under Texas Privacy Laws).
• Right to Appeal. You have the right to appeal our denial to act on your request to exercise your rights under the Texas Privacy Laws.  Upon receipt of your appeal, we shall respond in writing of any action taken or not taken within 60 days after receipt.
• Right to Non-Discrimination. You have the right not to be discriminated against for exercising your rights under the Texas Privacy Laws.

1. Our Processes to Respond to Texas Consumer Request(s): As a controller under the Texas Privacy Law, we shall:

• Respond to your request to exercise Texas Consumer rights within 45 days after receipt. Where reasonably necessary, we may extend the response deadline by an additional 45 days as long as we notify you within the initial 45-day response window; or

• Decline to take action regarding your request to exercise your Texas Consumer rights. In this case, we will inform you the reasons for which we decline within the initial 45-day response window and provide instructions on how to appeal our decision.

1. Exercising Your Texas Privacy Rights.

If you are a Texas Consumer and would like to exercise your rights under Texas Privacy Laws as described above, you may do so via any of the methods described below:

• Visiting https://www.agwayenergy.com/privacyrequests
• Calling us at 888-977-8588