Privacy Policy

Last updated October 1, 2025
FlexEnergi LLC

FlexEnergi LLC and our affiliates (collectively, “FlexEnergi,” “we,” “us,” or “our”) are committed to protecting your privacy. This Privacy Policy describes how we collect, use, and disclose Personal Information when you participate in our distributed energy resource (DER) programs, use our websites or mobile applications, or interact with us online or offline. 

As used in this Privacy Policy, “Personal Information” means any information that can be used to identify an individual, household, or business contact. This may include, but is not limited to, your name, email address, mailing address, phone number, payment details, account identifiers, or other information reasonably linkable to an individual, household, or commercial entity. 

We may update this Privacy Policy from time to time. When we do, we will revise the “Last Updated” date at the top of the policy and, if changes are material, provide additional notice such as by email, a notice on our Sites, or through program portals. We encourage you to review this Privacy Policy periodically to stay informed about our practices and your privacy choices.

Categories of Personal Information We Collect

We may collect the following categories of Personal Information from or about you:

  • Information commonly used to identify you, such as your name, physical service or charging address(es), email address, phone numbers, and other similar identifiers.
  • Utility account information, such as your account number, service agreement ID, and service location address, as needed to verify eligibility or support program enrollment.
  • Information about your usage of or other interaction with our websites, apps, blogs, connected devices, or other digital properties (our “Sites”). This information may include actions taken, date and time, frequency, duration, quantity, and performance information related to logins, clicks, messages, how you reached our Sites, interactions with technical and/or customer support, program preferences, and other website and feature usage information.
  • Information about your device, network, and internet connection, such as your IP address(es), MAC address, other device ID (UDID), device type, operating system type and version, and client version.
  • Basic account information related to your utility, device manufacturer, or other third-party account (such as an EV automaker, thermostat manufacturer, battery vendor, or similar services) if you choose to register and log in using such an account. This information includes your username and information from the third-party service about whether you entered your password correctly. (These services are designed so that FlexEnergi doesn’t see your actual password for these services – just whether you got the password right or wrong.)
  • Usage information about DER devices (such as thermostats, smart hot water heaters, batteries, solar inverters, and EV chargers). For billing or settlement purposes, utilities may also share meter data with us. We may analyze such data to generate predictions and program performance reports, including insights into changes in energy usage behavior.
  • Other information you upload, provide, or create while using the Sites or our Services. “Services” refers to all products, services, content, features, technologies, or functions provided by FlexEnergi through its website, applications, and any related platforms or tools, whether accessed via desktop, mobile, or other devices.
 
How We Collect Personal Information

We collect many of the categories of Personal Information listed above when you affirmatively provide it or transact business with us. You may always choose not to provide that Personal Information to FlexEnergi but note that you may be unable to access certain services or features if they require Personal Information that you have not provided. 

We also collect information automatically when you interact with our Sites. You can adjust certain settings, such as by turning off cookies in your browser or adjusting privacy settings in our apps, to reduce the amount of Personal Information we passively collect from you when you use our Services. Because we use these features to enhance your user experience (such as using cookies to remember your username when you visit our Sites or to optimize your program participation experience), disabling such features may impact the functionality of our Sites, apps, or program tools. 

We may also collect some Personal Information from third-party partners, who may actively or passively collect information on our behalf when you use our Sites and Services. We may also receive Personal Information from your utility, device manufacturer, technology provider, or other authorized program partner when you connect or enroll those services with FlexEnergi. We may also receive Personal Information that third parties collect in other contexts, such as when you visit other websites that are unaffiliated with FlexEnergi, participate in utility programs administered by partners, or from information collected from you offline. 

In addition, where permitted by law, we may supplement Personal Information with data from publicly available sources or aggregated datasets to support program eligibility verification, performance measurement, or research purposes.

 
More About Active Collection

Here are some more specific examples of categories of Personal Information we gather through active collection.

  • FlexEnergi Account Information: Name, email, password, address, phone number, program enrollment details, utility account identifiers, or third-party device/service account information (e.g., EV automaker, thermostat provider, battery platform).
  • Transaction or Program Information: Information about your participation in DER programs or services, such as device settings, enrollment choices, or energy usage related to program activities.
  • Other Information You Choose to Provide: Such as information you provide when you communicate with us using social media; participate in a survey, contest, promotion or interactive area of the Sites; or when you request technical or customer support.
 
More About Passive Collection

Our third-party service providers may automatically collect some information about you when you use our Sites, program portals, or connected devices, using methods such as cookies and tracking technologies (further described below). Information automatically collected may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and operate the Sites. 

In addition, when you use our app or websites, network information may be transmitted back to us, such as usage logs, error reports, and performance data. This information helps us determine how users interact with our programs and services, improve functionality, and correct problems that may occur. 

FlexEnergi and the vendors we work with – including web analytics vendors and companies that help us market FlexEnergi Services – use various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Sites or Services. Vendors we work with may combine the Personal Information they collect when you use our Services with information from other sources. 

When you access our Services from a mobile device, we may collect information about the device you use, including the hardware model, operating system and version, unique device identifiers, mobile network information, and information about your use of our mobile applications. 

We may also collect information from connected DER devices enrolled in our programs, such as operational status, usage levels, charging or discharging behavior, environmental conditions (e.g., temperature), or other data necessary to manage participation as requested. 

We do not use automated decision-making to profile you in a way that produces legal or similarly significant effects. However, certain program functions—such as dispatch decisions for enrolled devices, event operations, or enrollment approvals—may involve automated processing in order to manage participation efficiently and reliably.

 
Why We Collect Personal Information

We collect and use the categories of Personal Information listed above in order to assist in enrolling you in and managing your participation in distributed energy resource (DER) programs, including optimizing device usage, facilitating demand response or load management events, supporting program incentives, and helping to achieve energy savings, cost savings, and/or carbon reduction goals, and to otherwise provide our Services. We also use this information to communicate with you about your program participation and our Services, to provide customer support and troubleshooting, to improve our Services and programs, for security purposes, for utility and regulatory reporting requirements, for other legitimate business purposes, or as required by law. 

We may also use your Personal Information to provide you with marketing communications, offers, or program updates that we believe may be of interest to you, in accordance with your communication preferences and applicable laws. 

We restrict our use of employment-related information that we collect from FlexEnergi personnel and/or applicants for personnel positions solely for hiring, human resources management, and other employment-related purposes or as required by law.

 
Our Disclosure of Personal Information

We disclose Personal Information for limited purposes, as described below. All collected information will reside in the United States (where we are located). 

1. Service Providers

We may share Personal Information with trusted service providers who help us operate our business and deliver our Services. These companies are contractually obligated to use Personal Information only as instructed by FlexEnergi and for purposes consistent with this Privacy Policy. They may access Personal Information only as necessary to operate, secure, and improve our Sites, apps, and programs, and are prohibited from using it for unrelated purposes. 

Such activities may include: processing incentive payments (e.g., utility on-bill credits, checks, or third-party payment platforms), providing customer support and communications, protecting against and investigating fraudulent or unauthorized activity, monitoring and analyzing trends and usage, and in some cases linking or combining Personal Information from multiple sources to help us improve program performance and user experience. 

2. Program Partners and Other Businesses

We may share Personal Information with certain third parties that are not service providers but that work with us to support energy programs or industry initiatives. These may include utilities, distributed energy resource (DER) device manufacturers, technology providers, and program administrators. Such third parties may use Personal Information for purposes such as program enrollment, demand response operations, incentive processing, energy research, or policy development. 

Under the California Consumer Privacy Act (CCPA), some of this sharing may qualify as a “sale” of Personal Information, even though FlexEnergi does not receive money in exchange. FlexEnergi does not knowingly collect or sell Personal Information of children under 16 without proper legal authorization. Please see the Consumer Rights section below for information about opting out of such sharing.

3. Social Media and Interactive Features

When you choose to use features on our Sites or apps that interact with social media platforms (e.g., “Like,” “Share,” “Tweet”), those platforms may access Personal Information from you. Any information you post or share may become broadly available depending on your privacy settings with those platforms. 

Please note that social media platforms such as Facebook, Instagram, TikTok, Twitter (X), and similar services have their own privacy policies. FlexEnergi’s Privacy Policy does not apply to those services, and we encourage you to review their privacy policies to understand how your information may be collected, used, and shared when you interact with their features.

4. Legal and Regulatory Disclosures

We may disclose Personal Information to courts, law enforcement, regulators, or other appropriate third parties when required or authorized by law, or when disclosure is reasonably necessary to protect our property, legal rights, or the safety of others, including national security or law enforcement requirements.

5. Corporate Transactions

We may disclose or transfer Personal Information in connection with, or during negotiations of, a merger, sale of assets, financing, or acquisition of all or part of our business.

6. Aggregated or De-Identified Data

We may share aggregated, anonymized, or de-identified information that cannot reasonably be used to identify you. This type of information may be used for research, program performance reporting, product development, or other purposes consistent with our business and regulatory obligations.

 
Accountability for Onward Transfers

In accordance with our commitments under the Data Privacy Framework, FlexEnergi remains responsible and liable for the processing of Personal Information it transfers to third parties, including onward transfers, unless we can demonstrate that we are not responsible for the event giving rise to the damage.

 
Information About Third-Party Tracking Tools

We work with analytics and advertising partners who may use cookies, pixels, web beacons, and similar technologies to collect information about your use of our Sites and other websites. This may include details such as your IP address, browser type, device information, pages viewed, time spent on pages, links clicked, and conversion data. 

This information may be used by FlexEnergi and these third parties to analyze and track usage trends, measure the effectiveness of our content and marketing, deliver advertising or content tailored to your interests (both on our Sites and across other websites), and better understand your online activity.

 
Controls Over Your Personal Information

We do our best to give you reasonable controls over the Personal Information we collect from or about you. Depending on where you live, you may have certain legal rights under U.S. state privacy laws, such as the California Consumer Privacy Act (CCPA). Even if you are not a California resident, FlexEnergi will make a good faith effort to honor privacy requests from all U.S. customers. For more information about these rights, please see the Consumer Rights section below.

You may have the right to:

  • Opt out of the “sale” of Personal Information (as defined by law). While FlexEnergi does not sell Personal Information in exchange for money, some of our information-sharing practices may qualify as a “sale” under the CCPA. If you opt out, we will stop sharing your information in ways that are considered a “sale.”
  • Access and portability: Request access to the Personal Information we have collected about you in the last 12 months and receive a copy in a portable format.
  • Deletion: Request that FlexEnergi delete Personal Information we have about you, subject to certain legal and operational exceptions.
  • Marketing communications: Opt out of receiving marketing emails or other promotional communications from us at any time by following the unsubscribe instructions in those communications or contacting us directly.


How to make a request: You may submit a request by emailing privacy@flexenergi.com. To protect your privacy, we will verify your identity before fulfilling your request. If you have an account with FlexEnergi, we may ask you to log in; otherwise, we may verify your email address or request additional information as appropriate. FlexEnergi will never ask for sensitive financial details or your account password during this process.

Limitations: Under certain circumstances, we may not be able to fulfill your request. For example, if it prevents us from completing a transaction you initiated, interferes with regulatory obligations, impacts the rights of other users, or would require disproportionate effort not legally required. In any case, we will respond within a reasonable timeframe and explain our decision.

Non-discrimination: FlexEnergi will not discriminate against you for exercising your privacy rights. However, in some cases, we may be unable to provide Services without certain Personal Information.

 
Choice and Opt-Out Rights

In addition to the rights described above, and consistent with the Data Privacy Framework (DPF) Principles, you may exercise the following choices: 

  • Disclosure to third parties: You may opt out of our disclosure of your Personal Information to any third party that is not acting as an agent on our behalf. (Service providers and vendors under contract to process data only as instructed by FlexEnergi are not considered third parties for this purpose.) 
  • New purposes: You may opt out of our use of your Personal Information for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you.


To exercise these rights, please contact us at privacy@flexenergi.com.

 
Consumer Rights

Depending on where you live, you may have certain legal rights regarding your Personal Information under U.S. state privacy laws, such as the California Consumer Privacy Act (CCPA). These rights may include:

  • Right to know: The right to know what categories of Personal Information FlexEnergi collects, uses, discloses, and shares. This may include:
    • The categories and specific pieces of Personal Information we collected from you in the last 12 months.
    • The purposes for which we collected or used that information.
    • The categories of third parties from which we received Personal Information.
    • The categories of third parties with whom we shared Personal Information.
    • The categories of third parties to whom we may have sold Personal Information in the last 12 months.
  • Right of access: The right to request access to the specific Personal Information we hold about you.
  • Right to portability: The right to request a copy of your Personal Information in a machine-readable, portable format.
  • Right of deletion: The right to request deletion of your Personal Information, subject to certain legal and operational exceptions. For example, we may retain Personal Information needed to provide our Services to you, maintain security and functionality, protect legal rights, or for other legitimate business purposes consistent with the reasons you provided the information.
  • Right to opt out of sale: The right to opt out of the “sale” of Personal Information, as defined by law. You may also designate an authorized agent to submit an opt-out request on your behalf, provided that the agent has written permission from you and, if required, proof of authorization. If you opt out, FlexEnergi will cease sharing your Personal Information with advertising or analytics partners in ways that are considered a “sale” under applicable law, though we may continue to share with service providers that process Personal Information solely on our behalf.
  • Right to non-discrimination: The right not to be discriminated against for exercising your privacy rights.

For details on how to exercise these rights, please see the Controls Over Your Personal Information section above.

 
Additional State Privacy Rights

In addition to California, certain state privacy laws provide their residents with additional rights regarding the use of their Personal Information.

Colorado, Connecticut, Virginia, and Utah residents have the right to:

  • Confirm whether we process their Personal Information.
  • Access and delete certain Personal Information (see Consumer Rights above).
  • Obtain a copy of their Personal Information in a portable format (see Consumer Rights above).
  • Opt out of the processing of Personal Information for targeted advertising and sales.


Colorado, Connecticut, and Virginia residents also have the right to:

  • Correct inaccuracies in their Personal Information, taking into account the nature of the information.
  • Opt out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, please email us at privacy@flexenergi.com. If you wish to appeal a decision regarding a consumer rights request, you may email us at the same address with the subject line “Privacy Rights Appeal.”

 
Communications Preferences

We may send you service-related or transactional communications (such as emails, phone calls, text messages, push notifications, or postal mail) that are necessary to provide or maintain your participation in our Services and programs.  These communications may include account notices, program enrollment updates, demand response event notifications, or other operational messages. Because they are transactional and not promotional in nature, they are not subject to opt-out under laws such as CAN-SPAM or similar regulations. However, you may choose your preferred method of communication by adjusting the notification settings in your account, disabling push notifications on your device, or contacting us directly. Please note that disabling push notifications typically requires adjusting the settings on your device, and instructions may vary depending on the device type. 

We may also send you optional promotional or marketing communications, such as newsletters, program updates, or promotional offers that we believe may interest you. You may opt out of receiving these types of communications at any time by clicking the “Unsubscribe” link in our emails, updating your preferences in your account, or contacting us using the details provided in the Contact Us section of this Privacy Policy.

 
Data Retention

How long we retain your Personal Information depends on the type of data and the purpose for which we process it. In general, we retain Personal Information only for as long as reasonably necessary to:

  • Provide and maintain your account or participation in our programs.
  • Fulfill the purposes described in this Privacy Policy.
  • Comply with contractual obligations with utilities or program partners.
  • Meet our legal, regulatory, or compliance requirements.
  • Resolve disputes, enforce our agreements, and protect our legal rights.

When Personal Information is no longer needed for these purposes, we will delete it or take steps to de-identify or anonymize it, unless a longer retention period is required or permitted by law. Certain categories of data (such as program participation records, incentive payments, or regulatory reporting data) may be retained for longer periods where necessary to comply with legal or utility obligations.

 
Security of Your Personal Information

FlexEnergi is committed to protecting the Personal Information you share with us. We use a combination of industry-standard security technologies, procedures, and organizational measures to help safeguard Personal Information from unauthorized access, use, alteration, or disclosure. 

These measures may include access controls, encryption, secure data storage, firewalls, intrusion detection, employee training, and regular monitoring of our systems. We also restrict access to Personal Information to authorized employees, contractors, and service providers who need the information in order to operate, develop, or improve our Services, and who are bound by confidentiality obligations. 

However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security. We encourage you to take steps to protect your Personal Information, such as safeguarding your account credentials and logging out after using shared devices.

 
EU, UK and Canada Privacy Notice

If you are a resident of the European Union, the United Kingdom, Canada, or another jurisdiction that provides similar data protection rights, you may have additional privacy rights under the General Data Protection Regulation (GDPR), Personal Information Protection and Electronic Documents Act (PIPEDA) or equivalent laws.

Data Privacy Framework (DPF) Participation

FlexEnergi LLC complies with the EU–U.S. Data Privacy Framework (EU–U.S. DPF) and the UK Extension to the EU–U.S. DPF, as set forth by the U.S. Department of Commerce. We have certified to the Department of Commerce that we adhere to the DPF Principles for the processing of personal data received from the European Union and the United Kingdom (including Gibraltar) in reliance on these frameworks.

If there is any conflict between this Privacy Policy and the DPF Principles, the DPF Principles shall govern. To learn more about the Data Privacy Framework program, please visit: https://www.dataprivacyframework.gov/. 

FlexEnergi is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC) with respect to compliance with the DPF.

Legal Bases for Processing
We process Personal Information only when we have a lawful basis, including:

  • As necessary to enter into or perform a contract with you or a legal entity you represent.
  • As necessary to comply with legal obligations, including responding to lawful requests and orders.
  • Where we have a legitimate interest, as described in this Privacy Policy (see Why We Collect Personal Information).
  • With your consent (e.g., for marketing communications), which you may withdraw at any time.


Your Rights
In addition to the rights described in the Consumer Rights section above, EU/UK residents have the right to:

  • Access: Request whether we hold Personal Information about you and obtain a copy of it, along with information about how it is processed.
  • Correction (Rectification): Request correction of inaccurate or incomplete Personal Information.
  • Deletion (Erasure): Request deletion of Personal Information that is no longer necessary, processed based on withdrawn consent, or otherwise processed in violation of applicable law.
  • Restriction: Request restriction of processing of Personal Information in certain circumstances.
  • Objection: Object to the processing of Personal Information where based on legitimate interests.
  • Portability: Request a copy of certain Personal Information you have provided to us in a portable, machine-readable format.
  • Withdraw Consent: When processing is based on your consent, withdraw it at any time without affecting prior processing.


Automated Decision-Making and Profiling
FlexEnergi does not use automated decision-making to profile individuals in a way that produces legal or similarly significant effects. However, certain operational functions of our programs—such as automated dispatch of enrolled devices during demand response events, real-time program operations, or automated enrollment approvals—may involve automated processing to manage participation efficiently and reliably. These processes are designed to support energy program performance and customer participation, and they do not involve making legal or financial determinations about you as an individual.

International Data Transfers

FlexEnergi is based in the United States, and the Personal Information we collect is generally processed and stored there. When we receive or transfer Personal Information across borders, we do so in compliance with applicable data protection laws. 

For data originating from the European Union and the United Kingdom (including Gibraltar), FlexEnergi complies with the EU–U.S. Data Privacy Framework (EU–U.S. DPF) and the UK Extension to the EU–U.S. DPF, as established by the U.S. Department of Commerce. To learn more about the Data Privacy Framework program, please visit https://www.dataprivacyframework.gov. 

For transfers to other jurisdictions not covered by the DPF, we will use appropriate legal mechanisms — such as standard contractual clauses approved by the European Commission or other recognized safeguards — to ensure that your Personal Information remains protected. 

For onward transfers to third parties, FlexEnergi remains responsible under the DPF Principles if those parties process Personal Information in a manner inconsistent with the Principles, unless we can demonstrate that we are not responsible for the event giving rise to the damage.

 
Dispute Resolution

If you have any questions or concerns about our handling of your Personal Information, we encourage you to contact us first at privacy@flexenergi.com, and we will do our best to resolve your concern directly. 

If we are unable to resolve your complaint, FlexEnergi has designated VeraSafe as our independent dispute resolution provider for unresolved privacy or data protection complaints. To file a complaint with VeraSafe and participate in the VeraSafe Dispute Resolution Procedure, please submit the required information here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/. 

Under certain conditions, more fully described on the Data Privacy Framework website, you may be entitled to invoke binding arbitration as a last resort if your complaint has not been resolved by FlexEnergi or our independent recourse mechanism.

 
Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, Services, legal requirements, or other factors. When we make changes, we will update the “Last Updated” date at the top of this Privacy Policy. 

If the changes are material, we will provide additional notice, such as by sending you an email, posting a notice on our Sites, or providing a notification through our Services. We encourage you to review this Privacy Policy periodically to stay informed about how we collect, use, and protect your Personal Information.

 
Contact Us

If you have any questions or comments related to this Privacy Policy, our privacy practices, or your rights, you may contact us at privacy@flexenergi.com. We will do our best to respond to your questions and requests in a timely manner.