This Privacy Statement governs your use of the Direct Energy software application for mobile devices (this “DE App”) that was created by and is owned by Direct Energy, LP and/or its affiliates (“Direct Energy”, “us”, “we”, or “our”).

This DE App Privacy Statement (“Privacy Statement”) discloses Direct Energy’s privacy practices concerning the DE App and is subject to and incorporated into the Application End User License Agreement (the “EULA”).

The information that we learn from customers helps us personalize and continually improve your Direct Energy experience. Here are the types of information that the DE App collects:

I. Information

A. User provided information: We receive and store any information you enter through this DE App, our Web site, through your Online Account Manager, or provide to us in any other way, such as when you communicate with us by phone, e-mail or otherwise; complete a questionnaire or a contest entry form or enroll for, or use our services. You may supply us with such information such as your name, address, and phone numbers; username and password and other registration information; transaction-related information such as credit card information (which may use a third party service provider to store and/or process); e-mail addresses of your friends and other people you provided (such as through a Refer-A-Friend program), financial information, including social security and driver’s license numbers, etc. Some of this information may be considered Personal Information, which is any information that, by itself or in conjunction with other information, may be used to specifically identify a person (“PII”). You can choose not to provide certain information, however, you may not be able to take full advantage of many of the DE App features or our services. We use the information that you provide to us to respond to requests, customizing future experiences for you, improve our services and business, communicating with you, and any other legitimate business purpose.

B. Mobile specific data: When you download or use the DE App us, we may receive information about your mobile device, including the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, information about the way you interact and use this DE App, etc. Direct Energy may use this information to provide you an enhanced user experience and personalized content.

C. Information from other sources: We might receive information about you from other sources and add it to our account information, such as information from the public utility

II. Opt out

Most mobile devices allow you to turn off location services. Most likely these controls are located in the device’s settings menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or your device manufacturer. You can also download the AppChoices application, which may help you control the collection and use of your data for ad customization and other applicable uses by participating companies in the Digital Advertising Alliance (DAA) AppChoices. AppChoices is a third party application, subject to its own terms and conditions and privacy policy. DIRECT ENERGY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF YOUR DOWNLOAD AND USE OF THE APPCHOICES APP. If you purchase a new device and download this DE App, you may have to repeat the above steps if you want to maintain any previously made opt out elections. If you would like to opt-out of the collection of your information, or request that we delete certain types of data we have collected, you may do so in writing at Direct Energy, LP, 12 Greenway Plaza, Ste 250, Houston, TX 77046, Attn: Privacy Officer, c/o Compliance Department or by email at privacy@directenergy.com. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

III. How we use information we collect

Direct Energy uses PII that it collects to enable us to provide the products and services you have chosen, and to manage and develop our business and operations, including:

• Establishing, managing and terminating business relations with you;
• Reviewing the products and services that we provide to you;
• Obtaining credit approval;
• Informing you of our products and services other than those that you have specifically requested;
• Informing you of products and services carefully selected third parties may wish to offer you;
• Responding to your comments or requests for information;
• Protecting us against error, fraud, theft and damage to our goods and property;
• Enabling us to comply with applicable law or regulatory requirements; and
• Any other reasonable business purpose to which you consent.
   

IV. Sharing information obtained by this DE app

We will share your information with third parties only in the ways that are described in this Privacy Statement or in the Privacy Policy located at DirectEnergy.com/privacy.

We may disclose User Provided and automatically collected Information:

• As required by law, such as to comply with a subpoena, or similar legal process;
• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• With our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this Privacy Statement;
• For any other legitimate business purpose, including promotional and/or marketing purposes;
• If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
   

V. Data retention policy

We will retain Information as described in Article I for as long as you use this DE App, your online account manager, or remain a customer of ours and for a reasonable time thereafter consistent with our business purposes.

VI. Children

We do not use the DE App to knowingly solicit data from, or to market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@directenergy.com. Upon notification, Direct Energy will delete this information from our files within a reasonable time thereafter.

VII. Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve this DE App. Please be aware that although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

VIII. Changes

If you choose to visit DirectEnergy.com or use this DE App, your visit and use and any dispute over privacy is subject to this Privacy Statement and our End User License Agreement including limitations on damages, resolution of disputes, and application of the law of the state of Washington. If you have any concern about privacy at Direct Energy, please contact us and provide a detailed description of your concern, and we will do our best to promptly resolve. At DE, our business changes constantly, and accordingly, we may make changes to this Privacy Statement and the End User License Agreement for this DE App. Unless stated otherwise, our current Privacy Statement applies to all information that we have about you and your account that is received through the DE App.

IX. Your consent

By using this DE App, you are consenting to our processing of your information as set forth in this Privacy Statement now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.