Privacy Policy and Terms of Service

Introduction

Thank you for choosing PowerPicker, a service by Spruce Street Software LLC, DBA PowerPicker (“PowerPicker”, “we”, “us”, or “our”). This Privacy Policy and Terms of Service governs the types of personal information we collect, how we use it, the choices you have concerning your information, and various other terms of service.

By registering for, accessing, or using PowerPicker, you acknowledge that you have read, understood, and agree to be bound and abide by this Privacy Policy and Terms of Service. If at any time you do not agree to these Terms, you must immediately terminate your use of PowerPicker. PowerPicker reserves the right to change the Privacy Policy and Terms of Service at any time at its sole discretion, effective immediately. Your continued use of PowerPicker following any updates will be deemed acceptance of the updated Privacy Policy and Terms of Service.

Privacy Policy

Information We Collect

When you interact with our services, we collect the following types of information:

  • Personal Information: This includes your name, email address, postal address, and phone number.
  • Utility Login Credentials: We also collect your energy utility login credentials for providing our services.
  • Utility Account Information: This includes but is not limited to your account number(s) and adddress(es), billing information, and usage history.

How We Use Information

Your information is used to:

  • Provide, maintain, and improve our services.
  • Communicate with you regarding updates, promotions, or customer service inquiries.
  • Communicate with our affiliates, including energy suppliers, utility companies, and third-party brokerage services, to facilitate contract solicitation, execution, enrollment, and post-execution services.
  • Communicate and share usage data with our partners, if you registered via their partner-specific link.

Data Security

We employ strong security measures to protect your data. Your data will never be sold by us, nor will it be shared by us with third parties for marketing purposes.

We may employ third-party services for functionalities like payment processing, supplier solicitation and negotiation, and/or analytics.

Cookies

We use cookies for purposes like improving user experience and analytics. You have the option to disable cookies in your browser settings.

User Choices and Rights

You have the right to:

  • Access the personal information we hold about you.
  • Rectify any incorrect or incomplete data.
  • Delete your personal information.

Terms of Service

Management & Authorization

By providing your utility account information and credentials to PowerPicker, you are empowering us to act as your agent in accessing, storing, and utilizing this information to deliver our service. When you submit this information, you affirm your right to disclose it and verify your status as an authorized user of the utility account. PowerPicker does not verify the accuracy of your utility account information.

Your cooperation in supplying PowerPicker with your utility account credentials is essential for providing our service. It is your responsibility to inform PowerPicker of any updates to your utility account information or credentials.

By registering for PowerPicker, you authorize PowerPicker, together with any parent company or affiliates, to act as your agent and representative for all activities concerning energy supply associated with the utility account(s) provided upon registration. You are granting us explicit, informed, and affirmative consent to initiate service and enroll you in a rate with third party energy suppliers. You also authorize PowerPicker to procure electric supply prices and quotations, express interest in a supplier offers(s), and to conduct negotiations with suppliers, on your behalf.

Furthermore, you grant PowerPicker the authority to create and sign a Letter of Authorization (LOA) on your behalf, ensuring compliance with any relevant regulatory standards. This authorization permits PowerPicker to represent you as your agent in the execution of such LOA(s). These LOA(s) will be accessible in your PowerPicker online account and will carry the same legal validity as if you had personally signed them. You also consent to PowerPicker’s ability to sign contracts or agreements with suppliers on your behalf. Additionally, you empower PowerPicker to receive all notifications regarding your supplier account and transfer your rights concerning these notifications to PowerPicker. You understand and accept that PowerPicker might not forward all or any of these notifications to you. You agree that PowerPicker is not liable for any delays, failures to deliver, or incorrect delivery of any supplier notifications. This includes, but is not limited to, the use of a designated email address and mailing address managed by PowerPicker for all correspondences related to the energy supply agreements we enroll you in on your behalf. You furthermore agree to regularly review communications from PowerPicker related to your energy supply and to promptly respond to any requests for action or information needed to maintain or adjust your energy supply services.

Should PowerPicker ever not be able to manage your energy supply for whatever reason (including but not limited to: loss of access to your utility account, changes in address, loss of access to energy supply offerings and websites, changes in your utility’s website or policies, and changes in laws or regulations), we will notify you at your email address on file. From that point forward, until the (i) reason is resolved by you, (ii) you notify us in writing, and (iii) we affirm the resolution in writing to you, you will be responsible for managing your own energy supply, and you agree to indemnify and hold harmless PowerPicker for any losses related to your energy supply and bills, including fees or rate increases. If we are able to resolve the issue ourselves, we will notify you if we plan to continue to manage your energy supplier.

Should you neglect to pay, miss, or be late on any payments for your power bill, you agree that PowerPicker is not responsible for any fees incurred.

Relations with Utilities and Energy Suppliers

PowerPicker operates solely as a mediator and does not engage in the supply, transmission, or distribution of electricity. It holds no affiliation or endorsement from any utility or supplier. By utilizing PowerPicker, you acknowledge that PowerPicker is merely a facilitator in the transactions between you and your utility or supplier, and not a participating party. Consequently, PowerPicker bears no responsibility or liability regarding your interactions with your utility or supplier. This includes matters related to electric delivery, payments, notifications, and the timely provision of goods or services by your utility or supplier. Furthermore, PowerPicker does not endorse, recommend, or assume any liability for the products, services, or statements made by your utility or supplier. The views and statements of your utility or supplier do not reflect those of PowerPicker or its business partners.

Your interaction with any supplier, including liabilities and obligations, remains unaffected by these Terms. Your dealings with any supplier are exclusively governed by the Rate and the corresponding agreement(s) you have with them.

Guarantees

PowerPicker does not have access to every possible supplier rate and makes no guarantee that you will always have the cheapest possible supplier. PowerPicker will not enroll residential customers in any supplier rates with monthly, cancellation, or enrollment fees. PowerPicker will make all efforts to change your supplier rate whenever your prior enrollment term is close to expiry, contingent on your fulfillments of the Terms of Service.

PowerPicker's Positive Promise Guarantee does not apply to accounts utilizing 100% Renewable Energy.

PowerPicker does not support consumers using power payment assistance programs.

Savings Calculation

The benchmark for calculating savings (“Savings Baseline”) is the rate offered by your electric utility at the date of each bill, and not your rate at the time of registration with PowerPicker. Notwithstanding the foregoing, should you be enrolled with an alternative electricity supplier (“Pre-existing Third Party Supplier”) at the time of registration with PowerPicker, and the rate then in effect with such Pre-existing Third Party Supplier is higher than your distributor’s rate, the initial Savings Baseline for the first bill will be the Pre-existing Third Party Supplier’s rate. All subsequent calculations for savings shall revert to the utility’s prevailing rate.

100% Renewable Energy

PowerPicker's Positive Promise Guarantee does not apply to accounts utilizing 100% Renewable Energy.

Accounts utilizing 100% Renewable Energy will be charged the typical shared savings fee or a minimum of 6% of supply spend, whichever is larger.

PowerPicker make no guarantees about the type, mechanics, renewability, or cleanliness of 100% Renewable Energy, as PowerPicker relies entirely upon supplier renewability statements and makes no effort to verify or validate supplier statements.

Limitation of Liability

In no event shall PowerPicker, its directors, employees, or agents, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Indemnification

You agree to defend, indemnify and hold harmless PowerPicker and its employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the service, by you or any person using your account and password; b) a breach of these terms, or c) content posted on the service.

No Waiver

No waiver by PowerPicker of any term or condition set forth in these terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PowerPicker to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

Integration and Severability

These terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have had between us regarding the service. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.

State-specific Terms

For Maryland Customers

You consent that PowerPicker and the Supplier may receive the following information from the Utility on your behalf:

  • Account name
  • Billing address
  • Service address
  • Utility account number and any other number designated by the utility as necessary to process an enrollment
  • Bill cycle
  • Voltage level
  • Utility rate class or code
  • Load profile
  • Meter number
  • Meter type
  • Multiple meter indicator
  • Peak load contribution
  • Metered demand
  • Billed demand
  • Monthly historical demand for the previous 12 months
  • Monthly historical consumption for the previous 12 months
  • Monthly time-of-use data for the previous 12 months; and
  • Interval meter data for the previous 12 months.
For New York Customers

If you have a dispute with the Supplier, you can contact the New York State Public Service Commission at their hotline at 1-888-697-7728, or write to them at the Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, New York, 12223.

More information can be found at: http://www3.dps.ny.gov/W/PSCWeb.nsf/All/5EFBF7F3F195F44985257687006F3954? OpenDocument

Your Rights as an Energy Services Company Consumer ESCO Consumers Bill of Rights

Customers can purchase energy from an Energy Services Company (ESCO) or from a traditional utility.

If you choose to purchase energy from an ESCO you are entitled to:

  • A clear description of the services offered by the ESCO.
  • Receive energy delivery and 24 hour emergency services from your utility company.
  • Clear procedures for switching energy suppliers, including information about the enrollment process. Disclosure, in simple and clear language, of the terms and conditions of the agreement between you and the ESCO including: price and all variable charges or fees; length of the agreement; terms for renewal of the agreement; cancellation process and any early termination fees, which are limited by law; and no conditions, if any, under which the ESCO guarantees cost savings.
  • Rescind an agreement with an ESCO within three days of receiving the agreement, if you are a residential customer. A description of how pre-payment agreements work, if offered.
  • Notice from the ESCO, no less than thirty days prior to the contract renewal date, of the renewal terms and the options you have as a customer.
  • A fair and timely complaint resolution process.
  • Provision of any written documents (contracts, marketing materials, and this ESCO Consumers Bill of Rights) in the same language used to enroll you as a customer.

If you are a residential customer you are also entitled to the rights and protections of the Home Energy Fair Practices Act (HEFPA) which requires that all utility customers be treated fairly with regard to application for service, customer billing, and complaint procedures. For more information go to www.dps.ny.gov/resright.html. ESCOs that do not assure these consumer rights could lose their eligibility to provide service in New York. Please report any complaints to the Department of Public Service at 1- 800-342-3377 (8:30 am – 4:00 pm), by mail at Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223, or online at http://www.dps.ny.gov.

You can find more information about your energy alternatives by visiting: www.AskPSC.com

Disclaimers

Third-party Logos and Trademarks

The logos and trademarks used on this website are the property of their respective owners. The use of these logos is intended solely for the purpose of providing a comparison between the pricing offered by these companies. Our use of these logos and trademarks does not imply any affiliation with or endorsement by these companies. The logos and trademarks are used under the Fair Use doctrine for educational and comparative purposes only.

DE 8676. DC GA2019-05. MA EB-310. MD IR-3341. PA A-2018-3000981. TX BR220112.