EnergyWindow, Inc. ("EnergyWindow") has created this privacy policy in order to demonstrate and make transparent our commitment to privacy, security, and integrity in operating our web site, located at http://www.energywindow.com/ ( the Site ). The policy discloses our information gathering, utilization, and dissemination practices for the Site. This Privacy Policy is incorporated into and subject to the terms of the EnergyWindow Member Agreement and the PowerScape Subscriber Agreement and Terms of Service.

Type of Information Used

EnergyWindow uses personally identifiable information that you provide to us during the registration process, RFQ bidding, purchases, promotions and other areas of the Site in which users voluntarily provide content submissions or suggestions or otherwise participate in interactive online activities, including those activities described below. EnergyWindow also monitors user traffic patterns and site usage and may collect and store user population, sales, traffic patterns and related Site information to assist us in developing the content, design, and layout of the Site.

The use of personal information by EnergyWindow includes, but is not limited to, the following:

If you choose to bid, buy or sell on the Site, we use information about your bidding, buying and selling behavior as discussed below under Use of Information.

When you place a bid on the Site, we need to know your name, e-mail address, mailing address, phone number, and billing information.

If you choose to post messages in our discussion forums or other message areas or leave feedback for other users, we will use such information about you as you choose to disclose.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect and store such information, but we will not make it available publicly.

In some cases, we may receive information about you from our partners, affiliates or other users of the Site. We will not rely on this information without confirmation from you.

Use of Information

EnergyWindow does not sell or otherwise provide or disclose any information received from you to any third parties for sales, marketing or promotional purposes. If EnergyWindow decides in the future to change this policy, it will obtain your permission or should you opt not to participate, will honor your request for privacy prior to taking any action up to and including the selling of any of your information.

EnergyWindow uses your personally identifiable information to better serve its members, primarily to provide you with a customized experience on the Site, to facilitate requests for purchases and bids, to track compliance with our Member Agreement and to provide feedback. We also use certain information for administrative and billing purposes and aggregate market activity and pricing as an added value to our registered members. We also aggregate and provide information regarding pricing and frequency of posting as an added benefit for members. The aggregated data is presented in such a fashion so as to prevent identification of individual members data.

We may offer third party services on the Site. If you choose to use these optional services, we may, with your prior written or email permission, provide some of your personally identifiable information to the third party offering such services. If you do not wish to have any information disclosed to such third parties, you should not use such services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services. EnergyWindow will clearly warn Members at the appropriate location on the site of the possibility that such information may be provided to third parties.

Throughout the Site, you are identified by your username/handle. Unless you want your identity on the site to be known or your requests or bids to be associated with your identity, you should choose a handle that will not make it easy for other users to identify you. You should also consider changing your handle periodically. Even with these precautions, your handle and account number may be used by other users or third parties to identify you and your email address and to track your activities throughout the Site.

EnergyWindow may also access or disclose your personally identifiable information when we believe in good faith that the law requires it. We will notify you first using the e-mail address provided with your registration.

Except as otherwise expressly discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are bidders, buyers or sellers on our system or other sites throughout the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them. To the extent that we use third party advertisers, suppliers or service providers, they adhere to their own privacy customs and policies. Since EnergyWindow does not control the privacy policies of any third party, you are subject to the privacy practices and policies of such third party, and EnergyWindow accepts no responsibility or liability for privacy or other issues related to the collection or use of your information by such third parties.

General information about energy supplier product/service offerings, market interest, activity, and preferences, may be obtained by various means (but not directly through bidding activity) and made available to buyers who are PowerScape subscribers to assist them in selecting potential suppliers and bidders and to assist suppliers in promoting their offerings. The Company will take measures that it believes will protect such information from becoming available to other suppliers or competitors. PowerScape Subscribers are bound by this policy and the PowerScape Subscriber Agreement prohibits Subscribers from making information in PowerScape available to any other party without prior written consent. However, EnergyWindow cannot guarantee that the information will not become available to other suppliers and accepts no liability with respect to the disclosure of such information.

Integrity

EnergyWindow will not use bidding or request information or coach members in any way that will provide an unfair advantage to any member. EnergyWindow is committed to the integrity of the bidding process and to fairness to all members.

Contacting Users

Occasionally we may send you email communications to provide information or offers that we think you will find useful. You may choose to remove your address from our mailing list by clicking on "No" under "Do you wish to join our mailing list?" on the registration or update registration pages. However, please be aware that we may contact you for administrative purposes, to fulfill orders, to notify you about important changes to the Site or to respond to your email inquiries, even if you unsubscribe from our mail list.

From time to time, you may also be offered the opportunity to receive materials or special offers from third parties. If you provide us with explicit permission, such as checking an opt-in box, to receive information from these third parties, EnergyWindow will share your personally identifiable information with them, including, but not limited to, your name and email address.

Cookies

"Cookies" are small text files that are stored by your browser on your computer's hard drive. We use cookies to personalize your experience on the Site and to facilitate the online bidding process. We also use cookies to create aggregate Site information that tells us about the effectiveness and popularity of various areas of the Site. Advertising networks that serve ads onto the Site may also use their own cookies. Most Web browsers automatically accept cookies, but you can usually change your browser settings to prevent it. However, if you choose to disable our cookies, you may not be able to use certain features of the Site.

Changing Personal Information

You should promptly update your personal information if it changes. If you need to update your personal information, please update it using the "Update Account Information" page. Please be aware that, once posted, you may not be able to change or remove any public postings made in our chat rooms or other message areas on the Site.

Modifications to the Policy

EnergyWindow may modify, add, or remove portions of the Privacy Policy at any time by updating this Web page. We contact you using the e-mail address provided with your registration if there is a material change, but please check back to this area of the Site periodically to look for changes in the Privacy Policy. Any modifications made to the Privacy Policy will become effective immediately upon posting and your continued use of this Site following these changes will constitute your consent to the Privacy Policy, as changed. Please keep in mind that the use of our web site is optional and you may stop using the site if the Privacy Policy becomes unacceptable to you. We will endeavor to manage and maintain the desires of members; therefore we would be happy to respond to any questions or comments you may have regarding our Privacy Policy. Please email your inquiries to: href="mailto:customer.support@energywindow.com?subject=EnergyWindow Privacy Policy" title="Email EnergyWindow about our privacy policy (opens new window)">customer.support@energywindow.com.

Security

EnergyWindow uses Secure Socket Layer (SSL) and Secure Shell (SSH) technologies to encrypt transaction, technical, and administrative interactions and communication. We also take measures to control and restrict administrative and physical access. Unfortunately, due to the existing regulatory environment, we cannot guarantee that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will remain private.

EnergyWindow performs virus scans on all external files (example: "Terms and Conditions" documents) that are uploaded to our servers. All email messages sent from and delivered to EnergyWindow mail servers are also scanned for viruses. In spite of this vigilance, it is still possible for viruses to be introduced to your computer by downloading external files provided by RFQ posters. EnergyWindow strongly suggests that users obtain and maintain their own virus protection. If you suspect that a file downloaded from EnergyWindow contains a virus, please contact us immediately and indicate the name of the suspected file.