Thank you for choosing to be part of our community at OBM, Inc. (“Company”, we”, “us”, “our”). If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at contact@obm.io.
When you visit our website obm.io (the “Website”), or visit any other website that links to this privacy notice and when you use any of the services that we offer online, including the OBM Vantage energy analytics platform and its related applications, dashboards, integrations and application programming interfaces (collectively, “Vantage”) (the “Services”, which includes the Website and Vantage), this privacy notice describes the information we collect, how we use it, how we share it, and your choices regarding those practices.
This privacy notice applies to all personal information collected through the Services.
Customer Data Processed Through Vantage. Where we provide Vantage to a business customer (such as an energy user, facility operator or other enterprise), we process personal information contained in data that the customer or its users upload to, connect with or generate through Vantage (“Customer Data”) on behalf of and under the instructions of that customer. In those cases, we act as a “service provider,” “processor” or similar role under applicable privacy laws, and the customer’s privacy notice, not this privacy notice, governs the customer’s collection and use of that information. If you have questions about, or wish to exercise rights regarding, Customer Data, please contact the applicable customer directly; we will assist that customer in responding as required by law and our agreement with the customer.
Branded and Partner Deployments. Certain energy suppliers, brokers, consultants and other partners offer Vantage to their own clients under the partner’s name or brand. In those deployments, the partner is responsible for providing any required notices to, and obtaining any required consents from, its clients and their users, and for the partner’s own collection, use and sharing of personal information. We process personal information in those deployments on behalf of the partner or its client, as applicable, and we are not responsible for the privacy practices of any partner.
When we refer to “personal information” we mean information that can be used to directly or indirectly identify an individual or household, including energy usage and facility data that is reasonably linkable to an individual or household. It does not include aggregated, deidentified or anonymized information that is maintained in a form that is not reasonably capable of being associated with or linked to you, publicly available information from government records, information about job applicants to Company, Company employees and other personnel or information about such Company employees. Where we maintain deidentified information, we take reasonable measures to ensure it cannot be associated with an individual, publicly commit to maintain and use it only in deidentified form, and do not attempt to reidentify it.
Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
Personal information you disclose to us
We collect information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and services, when you participate in activities on the Website or otherwise contact us on the Website or via the Services.
The personal information we collect depends on the context of your interactions with us and the Website or Services, the choices you make and the products and features you use. The personal information we collect may include the following:
Personal Information Provided by You. We may collect email address, company name, business phone number, user name, password, information about topics you are interested in hearing more about, contact preference, contact or authentication data, and other information based on your interactions with the Website or any of our Services, including interactions with any of our Services support offerings and submitted request tickets.
Payment Data. Our service providers may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as credit card number), and the security code associated with your payment instrument. All payment data is stored by our third-party payment processors. Our current payment processor is Dwolla. The Company reserves the right to update its payment processor at any time, in its sole discretion. Data collected by our payment processors is subject to their respective privacy notices. Dwolla’s privacy policy can be found here https://www.dwolla.com/legal/privacy.
Personal Information Provided by Third Parties. We may also collect information from a third party, such as if your employer or a mining facility contracts with us to provide you access to any of our Services or business referrers. For example, your company may share your email address with us, which we many use to send an invite to create an account. If you authorize us to connect with a third party to facilitate sign on capabilities (such as via Okta, Microsoft or Google), then we may receive information from those third parties to facilitate the login process. If you provide us with personal information of another individual, you will only do so with the permission of that other individual, and you are responsible for obtaining that permission.
Vantage Platform Data. When you or your organization use Vantage, including Vantage Insights, Vantage Settlements and Vantage Direct Metering, we may collect or receive: (a) measured load, energy consumption, demand, interval meter and load data, including data from revenue-grade meters that we install and operate at your site; (b) utility account numbers, service addresses, rate and tariff information, utility bills, invoices you upload for audit and related billing data; (c) credentials, tokens or authorizations used to connect Vantage to utility portals, meters, sensors or other third-party data sources; (d) facility, site and equipment information, including location, site access and contact information needed to install, maintain and monitor metering equipment, and telemetry from connected devices; (e) energy supply contract terms, pricing, daily settlement, invoicing, payment, credit and collateral data; and (f) reports, forecasts, alerts, notes and other content created by users within Vantage. Although much of this data relates to businesses and facilities, it may constitute personal information where it is linked or reasonably linkable to an identifiable individual, such as an account holder, site contact or user.
Information Automatically Collected.
We automatically collect certain information when you visit, use or navigate the Website or the Services. This information may include your device information and usage information (including IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, information about how and when you use the Website or the Services, and other technical information related to your usage. We may use cookies or similar technologies to gather this usage information. For more information, please view the “DO WE USE COOKIES OR OTHER TRACKING TECHNOLOGIES?” section below.
When you use Vantage, we and our service providers may also automatically collect data from connected meters, sensors, devices and integrated systems on a continuous or scheduled basis, including continuous live load data streamed from metering equipment we install and operate, as well as logs of user activity within Vantage (such as features used, reports generated and settings changed).
We and our services providers use personal information collected via the Website or the Services for a variety of business purposes. We use the information we collect or receive:
We may use your information for any other purpose with your consent.
We may share your information, including personal information, as follows:
We also collect information automatically when you use the Website, such as through cookies or other tracking technology. A cookie is a small file placed on your computer’s hard drive. Cookies allow web applications to respond to you individually such as by remembering your likes and dislikes by gathering and remembering information about your preferences. We use cookies to identify which pages of the Website are being used. This helps us analyze data about web page traffic and improve the Website in order to customize your experience. We only use this information for statistical analysis and not to identify individual visitors to the Website. Overall, cookies help us provide you with a better experience, by enabling us to monitor which pages you find useful and other ways in which you use (or do not use) the Website.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. This may prevent you from experiencing all features of the Website.
The Website also uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies” to help us analyze how users use the Website. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google. To learn more about Google Analytics and how you can opt out, visit https://tools.google.com/dlpage/gaoptout. By using the Website, you consent to the processing of data about you by Google.
We and our servers are located in the United States. Our Services are intended for users in the United States. If you use the Services from outside the United States, you understand and agree that your information will be transferred to the United States. We make no claims that the Website or any of its content or the Services is accessible or appropriate outside of the United States. Access to the Website or the Services may not be legal by certain persons or in certain countries. If you access the Website or the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process, including, as appropriate, encryption of data in transit and at rest, access controls and authentication requirements, secure storage of integration credentials, logging and monitoring, and contractual security obligations for our service providers. Our Services have been the subject of independent SOC 1 Type II, SOC 2 Type II and ISO 27001 assessments; these assessments reflect controls tested at a point in time and are not a guarantee or warranty of security. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal or modify your information. If we become aware of a security incident affecting your personal information, we will provide notice as required by applicable law.
How long do we keep your information? We retain personal information only for as long as reasonably necessary for the purposes described in this privacy notice, including to provide the Services, comply with legal obligations, resolve disputes and enforce our agreements. Customer Data processed through Vantage is retained in accordance with our agreement with the applicable customer and is deleted or returned upon termination of that agreement, subject to backup retention and legal requirements. Interval meter, settlement, invoicing and related records may be retained for as long as needed to support billing, settlement, audit and dispute resolution under applicable energy supply contracts, tariffs and regulatory requirements. Account and usage information is generally retained for at least the duration of your account. Aggregated or deidentified data may be retained indefinitely.
We do not knowingly solicit data or market to children under 18 years of age. By using this Website or the Services, you represent that you are at least 18 years old. If we learn that personal information from users under 18 years of age has been collected, then we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data that we may have collected from individuals under 18 years of age, then please contact us at contact@obm.io.
You may be using our services as a result of or in connection with your use of services from one or more of our third party partners or vendors, including utilities, energy suppliers and integrated system providers connected to Vantage. Where you or your organization authorize such a connection, we may provide to such third party information and data we collect or otherwise have access to from you as needed for that integration and as permitted by our agreements and applicable law. Such third parties process data under their own privacy notices and terms, and we are not responsible for their practices. By using our services in conjunction with such a third party relationship, you agree that we may provide to such third party information and data we collect or otherwise have access to from you as requested by such third party and we may rely on that third party’s request as evidence of your permission for us to do so. You are solely responsible for how your data is used and managed by such third parties. You agree that we shall have no liability to you for any misuse, loss or corruption of any such data by any third party, and you hereby waive any right of action against us arising from any such misuse, loss or corruption of such data.
Account Information
If you would at any time like to review or change your information in your account or terminate your account, you can contact us using Services contact information provided.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit https://youradchoices.com/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may access your account settings and update preferences.
Terminating any third party relationships: You may be using our services as a result of or in connection with your use of services from one or more of our third party partners or vendors. By using our services in conjunction with such a third party relationship, you agree that we may provide to such third party information and data we collect or otherwise have access to from you as requested by such third party and we may rely on that third party’s request as evidence of your permission for us to do so. To the extent that you terminate or otherwise change your relationship with any such third party partners or vendors and desire to terminate such partner’s or vendor’s access to and use of your information and data through us, you need to notify us of such change. We are not responsible for monitoring the status of your relationship with such third parties and we are not responsible for how such third parties use your information and data.
State privacy rights: Depending on your state of residence, you may have the right to request access to, correction of, deletion of, or a copy of your personal information, to opt out of targeted advertising or the “sale” or “sharing” of personal information, and to appeal our decision on your request. To exercise these rights, contact us using the details below. We will verify your identity before responding and may decline requests as permitted by law. We will not discriminate against you for exercising these rights. If your request relates to Customer Data we process on behalf of a customer or partner, we will refer you to that customer or partner, as they are responsible for responding to the request.
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signal or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. Third parties, other than our vendors (such as our website analytics provider), do not have authorization from us to track which websites you visited prior to and after visiting the Services. Please note, however, that we cannot control third-party tracking and there may be some third party tracking that occurs without our knowledge or consent.
Pursuant to California Civil Code §1798.83, California residents with whom we have a business relationship can request information about the types of personal information, if any, we shared with third parties for the direct marketing purposes of the third parties and the identities of the third parties with whom we shared such information in the preceding calendar year. We do not share your personal information with third parties in this manner and have not done so in the preceding calendar year. You may request more information by contacting us using the contact information at the bottom of this Privacy Statement.
Permitted Use. Vantage may be used solely by authorized users of a customer or partner with a current agreement with us, solely for that customer’s or partner’s internal business purposes of monitoring energy costs and load, auditing utility invoices, and settling and administering energy supply contracts, and in each case solely in accordance with that agreement, our documentation and applicable law. Your use of Vantage is also governed by our applicable terms of service or customer agreement, which control in the event of any conflict with this section.
Prohibited Use. You may not, and may not permit others to: (a) upload or connect data that you do not have the right to provide, or personal information for which you have not provided all notices and obtained all consents required by law; (b) access or use Vantage to build a competing product or for benchmarking for a competitor; (c) copy, modify, reverse engineer, resell, sublicense or white-label Vantage except as expressly authorized in writing by us; (d) tamper with, relocate, bypass or interfere with any metering equipment we install or operate; (e) use Vantage to manipulate energy markets, misstate load or settlement data, or violate any tariff, market rule or regulatory requirement; (f) introduce malware or circumvent security or access controls; or (g) use Vantage as the sole basis for safety-critical, grid reliability or emergency operations.
Your Responsibilities. Each customer and partner is solely responsible for the accuracy and lawfulness of the data it and its users provide or connect, for providing all privacy notices and obtaining all consents and authorizations required to permit us to collect and process that data (including from utilities and site owners), and for all decisions made in reliance on Vantage.
Disclaimers. VANTAGE AND ALL CONTENT, ANALYTICS, COST ESTIMATES, FORECASTS, ALERTS, BILL AUDIT RESULTS AND SETTLEMENT CALCULATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Cost estimates, bill audits and alerts depend on tariff, pricing and third-party data that may be incomplete, delayed or revised, and are not a substitute for official utility or supplier invoices or for professional, legal or financial advice. We do not guarantee any savings, avoided demand charges, collateral reductions or settlement outcomes, and we are not a party to any energy supply contract settled through Vantage except as expressly agreed in writing.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT WITH US, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST SAVINGS, ENERGY COSTS, DEMAND CHARGES, COLLATERAL OR SETTLEMENT LOSSES, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO VANTAGE OR THIS PRIVACY NOTICE, AND OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE FEES PAID TO US FOR VANTAGE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100).
Indemnification. To the fullest extent permitted by law, you and the customer or partner through which you access Vantage will defend, indemnify and hold harmless Company and its affiliates, officers, employees and service providers from and against all claims, losses, liabilities, damages, fines, penalties and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) data you provide or connect to Vantage, including any failure to provide required notices or obtain required consents; (b) your breach of this section or any applicable agreement; (c) your violation of applicable law, tariffs or market rules; or (d) decisions made or contracts entered into in reliance on Vantage.
We may update this privacy notice from time to time, in our sole discretion. The updated version will be indicated by an updated “Last Updated” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, then we may notify you by either prominently posting a notice of such changes or directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are using your information.
If you have questions or comments about this privacy notice, then you may email us at contact@obm.io or by mail to OBM, Inc., 2425 Rye St Suite 3201, Baltimore, MD 21230.