Canada privacy policy

1. Introduction

Direct Energy Marketing Limited ("Direct Energy" or "Company") respects your privacy and is committed to protecting your Personal Information.

We know that you care how information about you is collected, used, and shared. We appreciate that you trust us with your information. This Privacy Policy ("Policy") outlines the information Direct Energy may collect about you or that you may provide to us and discloses our practices for collecting, using, retaining, and sharing your information. In addition, this Policy describes choices you may have to control your information and your privacy preferences. We will not collect, use or disclose Personal Information except as specified in this Policy, or any other privacy notice or privacy disclosure, or as permitted or required by law.

2. Application of privacy policy

This Policy applies to the use of our products, services, websites, devices, and online portals offered by Direct Energy and our affiliates and the information collected by us or our service providers as described below.

2.1 Application to our services and website

This Policy applies to Personal Information collected:

(a) On our websites ("Website").

(b) When you enroll for service with us, or purchase or use our products and services.

(c) When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

(d) When we interact with you via phone calls, text messaging, emails, webforms, or social media.

Please read this Policy carefully to understand our practices regarding your information and how we treat it. This Policy may change from time to time (see Section 6.5 (Policy Changes). Your continued use of this Website or our products and services after we make changes is understood as your acknowledgment of those changes, so please check the Policy periodically for updates.

Additional privacy disclosures may be provided that are specific to a product or service. In the event of any conflict between this Policy and any product- or service-specific privacy disclosures, the more specific disclosures will control with respect to that product or service.

In this Policy, "Personal Information" means any information about an identifiable individual.

2.2 Other policies

Employees - If you are or become an employee of Company, our Employee Privacy Policy will apply to the Personal Information we collect, use and disclose in the context of your employment, including where collected before the commencement of your employment (see Section 3.2(h)).

3. Information we collect about you, how we collect it, and how we use it

We collect Personal Information about you in connection with our products and services in order to provide our products and services to you and to help us improve and provide you with the best possible experience.

By providing us with Personal Information, you agree that you are authorized to provide that information and accept this Policy and any supplementary privacy statement that may be relevant to you. If you do not agree with our practices, please do not register, subscribe, create an account, or otherwise interact with our products and services or websites.

In addition to the following, we may collect, use, or share your information for other reasons, which will be described to you upon the collection of the information unless otherwise permitted or required by law.

3.1 How we collect information

We may collect your information in one or more of the following ways:

(a) Directly from you through your interactions with us via phone calls, text messaging, emails, written correspondence, webforms, surveys, or social media and use of our products and services;

(b) When you subscribe to our marketing materials, enroll for service with us, or use our products or services;

(c) When you create an account;

(d) Automatically as you navigate through our Website (See Section 3.4 (Information We Collect Through Automatic Data Collection Technologies) below);

(e) From third parties or publicly available sources (e.g. commercially available services);

(f) When you enter a contest or promotion sponsored by us;

(g) When you report a problem with our Website or provide online feedback on your experiences with our products/services; and

(h) When you apply for a job with us.

3.2 Information we collect

We may collect several types of information about you, including, for example:

(a) Contact Information - Your name and contact information or other identifying information, like your mailing address, email address, telephone number and other information used to contact or provide services to you.

(b) Correspondence - Records and copies of your correspondence (including email addresses and call recordings), if you contact us.

(c) Identification - Your social insurance number, date of birth and driver's license number.

(d) Survey Responses - Your responses to satisfaction surveys that we might ask you to complete for research purposes.

(e) Transaction Information - Details of transactions you carry out through our Website or apps and of the fulfillment of your orders, including payment history.

(f) Financial Information - Your credit card and payment information, account numbers, billing and credit or payment history.

(g) Referral Information - Referral contact information for friends or relatives from you to forward promotional opportunities or other information on our Website. This personal referral information you provide to facilitate this communication is used on a one-time basis and is not further retained by Direct Energy, except in circumstances where we obtain consent from the people you have referred to receive communications from us or when they subscribe to our products or services.

(h) Employment Information - For job applicants, we may collect your education details, reference information, employment history and other information you provide in connection with a job application.

While not Personal Information and therefore not subject to this Policy, we collect, use and disclose various other information based on our interactions with you, such as your energy usage data. We also create non-personal information from Personal Information, such as by aggregating it or anonymizing it. This Policy does not apply to that non-personal information.

3.3 How we use personal information

3.4 Information we collect through automatic data collection technologies

Like many websites and online services, we use "cookies" and other tracking technologies such as web beacons and pixel tags (collectively " Automatic Data Collection Tools") to personalize your use of our Website and to provide you with a better and faster user experience. We allow our service providers to utilize Automatic Data Collection Tools for analytic and marketing purposes. Some of the Automatic Data Collection Tools we use are associated with your customer account and others are not. We may use "session cookies" (cookies that last until you close your browser) or "persistent cookies" (cookies that last until you or your browser delete them).

We also automatically collect information about your internet connection, including your IP address, the equipment you use to access our Website or other services, and usage details (which is referred to as and other technical information about how you use and navigate our Website, apps or other online services, such as your IP address, the equipment you use to access online services (such as a browser or mobile device), time of your use, what features are used, how long you spend on our online services and other "clickstream" information.

If you are concerned about the use of Automatic Data Collection Tools, you may be able to direct your browser to reject cookies or to notify you and seek approval whenever a cookie is being sent. You may also delete a cookie manually through your browser or other programs. If you are using a mobile or wireless device to access our Website, your mobile or wireless carrier may use cookies or unique identifier headers to transmit certain information about you to third parties. Contact your mobile or wireless carrier to change or opt out of such setting if possible. Note that some parts of our Website may not function properly or may not be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies.

Online behavioral advertising is automated, customized advertising that you see when using online services, like ads in mobile apps or on websites. Those ads are served to you based on inferences about your interests. Those interests are determined from data collected about you, whether by us or other parties. In addition, some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services and they may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties tracking technologies or how they may be used, and we do not control third parties collection or use of your information to serve interest-based advertising. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. If you do not wish to participate in interest-based advertising via third-party advertising networks or to opt out of the use of certain tracking technologies, please visit Digital Advertising Alliance of Canada Opt-Out Tool and follow the simple opt-out process.

Certain browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for preference-based advertising purposes (referred to as 'Do Not Track Signals' or 'DNT Notice'). Unfortunately, given the lack of standardization among browsers and interest-based advertising technology, DNT Notices may not effectively accomplish this goal. For this and a variety of other reasons, with respect to our Website, we do not take any particular action based on browser-based DNT Notices.

4. Disclosure and sharing of your information

We do not sell or rent your information, but we may share or disclose your information with our affiliates, service providers, or other third parties that work with us as described below. For any purpose not specified in this Policy, we will provide specific notice or ask for your consent before we share your Personal Information unless otherwise permitted or required by law.

4.1 Sharing information with our affiliates

Company may share your information with our affiliates, such as NRG Energy, Inc., for purposes described in this Policy, including marketing products or services that may be of interest to you. When required by law or regulation, we will provide you with specific notice or ask for your consent before we share your information with our affiliates.

You can learn more about our affiliates by going to www.nrg.com. For information collected under this Policy, we require our affiliates to use, share and protect the information consistent with this Policy including honouring your communications preferences for marketing of their products and services, whether you have consented to receive advertising communications and other offers from us, and any exercise of your privacy rights under applicable law.

For more information about the controls you have and to opt out of sharing your information, see Section 5 (Your Choices and Privacy Controls).

4.2 Sharing information with third parties

We may share your information with our contractors and vendors that support products or services provided to you or that perform services for us, including marketing on our behalf. Those vendors are prohibited from using your information for any purpose other than to perform those services.

With your consent, we may share your information with third parties, other than our affiliates, to market their products or services to you. For more information about the controls you have and to opt out of sharing your information, see Section 5 (Your Choices and Privacy Controls).

We may also disclose your information with other companies and entities, such as government agencies, credit bureaus and collection agencies for the purposes set out below or where otherwise permitted or required by law. This may include:

5. Your choices and privacy controls

You can manage your privacy choices about how we contact you and how we use or share your information by visiting your online customer account. You also have choices about how certain third parties and advertisers use your information, including how we use and share your information for advertising, marketing and analytics. When making changes, please allow sufficient time for your preferences to be processed.

5.1 Communication preferences

You may opt out of marketing and advertising programs; however, even if you opt-out, we may continue to contact you with service and account-related information or other non-marketing communications.

(a) Email: You can opt out of marketing emails by following the unsubscribe links or instructions included in a marketing email.

(b) Text messages: You can opt out of receiving text messages from us at any time by texting "STOP" to any message.

(c) Telemarketing: Ask to be removed from our consumer telemarketing lists by contacting our Call Centers at 1-866-374-6299 (Direct Energy) or 1-866-420-3174 (Direct Energy Regulated Services) or by sending an email to access-privacy-requests@directenergy.com . You also can ask the Company representative to remove you from our telemarketing lists when you receive a marketing or promotional call from us.

5.2 Disclosure of your information for marketing or advertising

If you do not want us to share your Personal Information with third parties or our affiliates for promotional purposes, you can opt out by your customer account portal. You can also opt out by sending us an email stating your request to access-privacy-requests@directenergy.com .

5.3 Accessing and correcting your information

By law you have the right to request access to and to correct the Personal Information that we hold about you. You can review and change your Personal Information by visiting your online customer account portal or emailing us at access-privacy-requests@directenergy.com .

We may not accommodate a request to change Personal Information if we believe that doing so would violate any law, legal requirement or rights of another person or cause the information to be incorrect.

When making a lawful access or request for correction or deletion, we may require additional information from you or take other steps to verify your identity and your right to access the Personal Information we hold about you. This is done to protect your privacy and maintain security. Applicable law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your information, we will inform you of the reasons why, subject to any legal or regulatory restrictions. We may charge you a reasonable fee in instances that require a disproportionate effort, but we will advise you of any fee in advance. We may decline to process requests where permitted by law, such as requests that are frivolous or unreasonably repetitive or burdensome or risk the privacy or impact the rights of others.

5.4 Withdrawing your consent

Where you have provided your consent to the collection, use, and disclosure of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at access-privacy-requests@directenergy.com . Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

5.5 Data security

Protecting your information is a top priority, and we have implemented physical, administrative, and technical safeguards and security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of Personal Information under our control. However, the internet and electronic communications always involve risks to Personal Information. Safeguards cannot prevent all loss, misuse or alteration of Personal Information, and we cannot guarantee the security of the information we hold.

5.6 Data storage and retention

We may process, store, and transfer your Personal Information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. Those countries include the United States, India, and Guatemala. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Personal Information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Policy and applicable Canadian privacy legislation.

Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements, and our other business requirements.

6. Other privacy information

6.1 Phishing emails

We will only use your Personal Information to contact and interact with you as described in this Policy.

We will not send you an email asking you to reply by providing personal or account information or threaten to disconnect your services unless you provide us with any information about you. If you receive such an email, it may be an attempted identity theft scheme that is commonly called "phishing," where hackers steal your passwords or infect your computer with malicious software. If you are concerned about clicking links provided within an email sent by us, do not click the link. Instead, you should manually input our Website address in your preferred web browser. Doing so will ensure that you do not open a third-party website disguised to look like our Website.

For more information about "phishing" and steps you can take to protect your Personal Information, please visit the Canadian Anti-Fraud Centre: https://www.antifraudcentre-centreantifraude.ca/ .

6.2 Children under the age of 13

Our Website is not intended for children under 13 years of age. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features. If you report to us that we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us (see 6.3 – Complaints and Contact Information).

6.3 Complaints and contact information

Company is committed to working with consumers to obtain a fair and rapid resolution of any complaints or disputes about privacy. Please send us your questions or comments regarding our privacy practices either by sending an email to privacycanada@directenergy.com or by writing a letter to:

Direct Energy Marketing Limited

Attention: Privacy Officer - Canada

Suite 2500, 530-8th Avenue SW

Calgary Alberta T2P 3S8

We will be happy to respond to your questions and comments.

6.4 Links to other sites

Our Website may contain links to other sites. Company is not responsible for the privacy practices or the content of such websites. We recommend you carefully read the privacy policies of each site you visit.

6.5 Policy changes

We reserve the right to make changes to this Policy from time to time without prior notice. If we modify this Policy, we will update the "Last modified" date at the top of this Policy. We may take other steps to notify you of any updates, including if other steps are required by applicable law.

If at some time in the future, we wish to use your information for new unanticipated uses not previously disclosed in our Policy, we will provide a more direct way of notifying you of changes to this Policy and obtain your consent as required by law.