Privacy & Terms
DATE OF LAST REVISION: November 1, 2022
PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect, use, store, and share depend on whether you are a customer, user, applicant or visitor, and the requirements of applicable law.
INFORMATION YOU PROVIDE TO US
Your Communications with Us. We collect personal information from you such as your name, email and mailing address, company name, and phone number; the contents of a message or an attachment that you may send to us, and other information you choose to provide when you request information about our Services, inquire about investment opportunities, register for our blog or newsletter, request customer or technical support, apply for a job or otherwise communicate with us.
Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
Social Media Content. We may offer forums, blogs, or social media pages. Any content you provide on these channels will be considered “public” and is not subject to privacy protections.
Registration for Events, Sweepstakes or Contests. We may run events, sweepstakes and contests. Contact information you provide may be used to reach you about the events, sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
Careers. If you decide to apply for a job with us, you may submit your contact information, cover letter, and resume online. We will receive your name, email address, phone number, address, and any information you choose to provide on your resume, cover letter, and other related information, such as your education and employment experience. You may also choose to provide your gender, citizenship status, and veteran status. We may request your date of birth, Social Security Number, and a copy of your driver’s license or passport in order to verify your identity and work eligibility. You may also apply through lever.com. If you do so, we will collect the information you make available to us on lever.com.
INFORMATION COLLECTED AUTOMATICALLY OR FROM OTHERS
Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices. In addition, we may automatically collect data regarding your use of our Services, such as the types of content you interact with and the frequency and duration of your activities. We may combine your information with information that other people provide when they use our Services, including information about you when they tag you.
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly and you may not be able to use the features of the Services to their fullest potential.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Analytics Information. We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
INFORMATION WE COLLECT FROM THIRD PARTIES
[For example, “Background Checks. We work with third-party partners to perform background checks on job applicants and receive publicly available information such as education, employment, and criminal history; and driving records.”]
HOW WE USE THE INFORMATION WE COLLECT
We use your information for a variety of business purposes, including to:
Fulfill our contract with you and provide you with our Services, such as:
- Managing your information and accounts;
- Providing access to certain areas, functionalities, and features of our Services;
- Communicating with you about your account, activities on our Services and policy changes;
- Undertaking activities to verify or maintain the quality or safety of a service;
- Processing your financial information and other payment methods for products or Services purchased;
- Providing advertising, analytics and marketing services;
- Providing Services on behalf of our customers, such as maintaining or servicing accounts, providing customer service, and verifying customer information;
- Processing applications and transactions; and
- Allowing you to register for events.
- Analyze and improve our Services pursuant to our legitimate interest, such as:
- Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
- Measuring interest and engagement in our Services and short-term, transient use, such as contextual customization of ads;
- Undertaking research for technological development and demonstration;
- Researching and developing products, services, marketing or security procedures to improve their performance, resilience, reliability or efficiency;
- Improving, upgrading or enhancing our Services;
- Developing new products and Services;
- Ensuring internal quality control;
- Verifying your identity and preventing fraud;
- Debugging to identify and repair errors that impair existing intended functionality;
- Enforcing our terms and policies; and
- Complying with our legal obligations, protecting your vital interest, or as may be required for the public good. Provide you with additional content and Services, such as:
- Furnishing you with customized materials about offers, products, and Services that may be of interest, including new content or Services;
- Auditing relating to interactions, transactions and other compliance activities; and
- Other purposes you consent to, are notified of, or are disclosed when you provide personal information.
Use De-identified and Aggregated Information
We may use personal information and other data about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we may create, and use it for any lawful purpose.
Process Information on Behalf of Our Customers (as a processor)
Automatic Collection Technologies
- Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
- Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
- Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
- Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites.
Notice regarding Third Party Websites and Social Media Platforms
DISCLOSING YOUR INFORMATION TO THIRD PARTIES
Except as provided below, we do not share your personal information with third parties.
Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include: IT and related services; information and services; employment application service providers; payment processors; customer service providers; manufacturers; and other third parties to support the provision of the Services such as the DOE and other similar agencies.
Business Partners. We may provide personal information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.
Advertising Partners. Through our Services and on social media sites, third party advertising partners may set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.
Disclosures to Protect Us or Others. We may access, preserve, and disclose your information to external parties if we, in good faith, believe doing so is required or appropriate to: (a) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (b) protect your, our or others’ rights, property, or safety; (d) enforce our policies or contracts; (e) collect amounts owed to us; or (f) assist with an investigation or prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of the company or some or all its assets, or transition of service to another provider, then your information may be disclosed or transferred as part of such a transaction, as permitted by law and/or contract.
International Data Transfers. You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.
You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use non-personal information regarding your activities on our Services and for other legal purposes as described above.
Email and Telephone Communications
“Do Not Track”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising
You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. Alternatively, for some devices you may use your device's platform controls in your settings to exercise choice.
Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.
Your Privacy Rights
In accordance with applicable law, you may have the right to:
- Access personal information about you consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic personal information transferred to another party.
- Request correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information or we may refer you to the controller of your personal information who is able to make the correction.
- Request deletion of your personal information, subject to certain exceptions prescribed by law.
- Request restriction of or object to processing of your personal information, including the right to opt in or opt out of the sale of your personal information to third parties, if applicable, where such requests are permitted by law.
If you would like to exercise any of these rights, contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
SECURITY OF YOUR INFORMATION
The Services are not directed to children, and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
INTERNATIONAL USERS OF OUR SERVICES
Our Services are hosted in the United States and intended for users located within the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from the applicable laws of the United States, then note that you are transferring your personal information outside of those regions to the United states for storage and processing. We may also transfer your data from the United States to other countries or regions in connection with storage and processing data, fulfilling your requests, and operating our Services. By providing any information, including personal information, on or to the Services, you consent to such transfer, storage, and processing. If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
DATE OF LAST REVISION: November 1, 2022
These Site Terms govern your access to, and use of, the websites offered by Last Energy, Inc., and/or any of its affiliates (collectively, “Last Energy”, “we”, “us”, or “our”), including the content, features, materials, software and related documentation, and services available on such websites (each a “Site” and collectively the “Sites”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.
Additional terms and conditions may apply to your use of certain portions of the Sites, your use of services offered through the Sites, or your purchase of products through the Sites (collectively, “Additional Terms”). These Additional terms will be made available with the relevant Sites, whether posted directly on the Site or presented as a separate set of terms at the time of purchase, download, access, browsing, or use of the Sites. If there is a conflict between these Site Terms and any Additional Terms, the applicable Additional Terms shall control with respect to your use of such portions of the Sites, your use of such services, or your purchase of such products.
Last Energy may change or modify these Site Terms at any time. Your continued use of the Sites will constitute your acceptance of any changes to these Site Terms. It is your responsibility to review these Site Terms from time to time — it’s important you understand the terms and conditions that apply to your use of the Sites.
The Sites and all content and other materials on the Sites — including, without limitation, our name, trademarks, logos, taglines, product names, and service names, and all artwork, designs, text, graphics, pictures, information, data, software, sound files, page headers, button icons, scripts and other files, and the selection, arrangement, and “look and feel” thereof (collectively, the “Site Materials”) — are the property of Last Energy or its licensors and are protected by U.S. and international trademark, trade dress, copyright, patent and other intellectual property and unfair competition laws.
YOUR USE OF THE SITES AND SITE MATERIALS
Your right to access and use the Sites is subject at all times to these Site Terms and is solely for your informational, non-commercial (except as related to business with Last Energy) and personal use. For certain features of the Sites you may need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re fully responsible for all activities that occur under your account.
You agree not to do any of the following (directly or indirectly): (a) resell or otherwise make commercial use of the Sites or the Site Materials; (b) collect or use any images, descriptions, or other content included in the Site Materials, or any portion thereof; (c) copy, imitate, distribute, publicly perform, or publicly display any Site Materials; (d) modify or otherwise make any derivative uses of the Sites or the Site Materials, or any portion thereof; (e) use data mining, robots or similar data gathering or extraction methods on any of the Sites; (f) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Sites; (g) introduce into the Sites any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (h) remove or alter any proprietary notices or labels on or in the Sites or Site Materials; (i) decompile, disassemble, or otherwise reverse engineer the Sites (except as and only to the extent any foregoing restriction is prohibited by applicable law); (j) use the Sites or Site Materials to directly or indirectly develop any product or service that competes with the Sites; (k) download (other than page caching) any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; (l) use any means to circumvent any functionality that controls access to or otherwise protects the Sites; or (m) use the Sites or the Site Materials other than for their intended purpose.
You further agree not to use the Sites or the Site Materials in any manner to harass, abuse, stalk, threaten, defame, infringe, or otherwise violate the rights of any other party, or to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You agree that Last Energy is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Sites. You agree that you will not intentionally or unintentionally violate any applicable law in connection with your use of the Sites.
Any use of the Sites or the Site Materials other than as specifically authorized herein, without Last Energy’s prior written permission in each instance, is strictly prohibited. Such unauthorized use may violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
HYPERLINKS TO THE SITES
You may create text hyperlinks to the Sites for noncommercial purposes or in connection with any news or media related to Last Energy, provided such links do not, directly or indirectly, (a) portray Last Energy or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner; or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.
THIRD PARTY PRODUCTS AND SERVICES
Last Energy may provide or allow you to access third-party content on the Sites, run third parties’ advertisements or promotions on the Sites, or otherwise provide information about or links to third party websites and other third-party content, products or services on the Sites (collectively, “Third-Party Products and Services”). Last Energy does so only as a convenience, and does not control, endorse or make any representations or warranties regarding any Third-Party Products and Services, including, without limitation, regarding the accuracy, efficacy, safety, or completeness thereof. You acknowledge sole responsibility for, and assume all risk arising from, your use of any Third-Party Products and Services. Last Energy is not responsible or liable in any manner for any such Third-Party Products and Services, or for any loss or damage you may incur as the result of your use of such Third-Party Products and Services.
THE SITES AND THE SITE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LAST ENERGY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES AND THE SITE MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, OR ACCURACY. LAST ENERGY DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. LAST ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SITES. YOUR SOLE REMEDY AGAINST LAST ENERGY OR ITS LICENSORS FOR DISSATISFACTION WITH THE SITES OR FOR ANY DAMAGE CAUSED BY THE SITES IS TO STOP USING THE SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL LAST ENERGY, ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY OF THE SITES OR SITE MATERIALS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM LAST ENERGY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LAST ENERGY’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LAST ENERGY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE SITE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LAST ENERGY FOR ACCESS TO OR USE OF THE SITES OR SITE MATERIALS.
APPLICABLE LAW AND VENUE
These Site Terms and your use of the Sites and Site Materials will be governed by the laws of the State of Delaware, without giving effect to any conflict of laws principles that would require the application of the laws of a different country or state. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Delaware and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Last Energy reserves the right, without notice and in its sole discretion, to terminate, suspend or disable your access to the Sites or the Site Materials. Last Energy also reserves the right, at any time, to modify the Sites or the Site Materials, or any portion thereof. You agree that Last Energy won’t be liable to you or to any third party for any termination, modification, suspension, or discontinuance of the Sites, the Site Materials, or any portion thereof. Upon any termination, discontinuation or cancellation of your account or your Site access, the following sections will survive: Warranty Disclaimers, Limitation of Liability, Applicable Law and Venue, Termination and General Provisions.
You agree you will comply with all applicable laws in connection with your access to and use of the Sites and the Site Materials. You shall not, without prior U.S. government authorization, export, re-export, or transfer the Sites, the Site Materials or any other Last Energy products, services or technology, either directly or indirectly, in violation of applicable laws and regulations. These Site Terms are personal to you, and you may not assign or delegate your rights and/or duties under these Site Terms to anyone else and any attempt by you to assign or delegate these Site Terms is void. Last Energy may freely transfer these Site Terms without restriction. You agree that a breach or threatened breach of these Site Terms may cause Last Energy to suffer irreparable harm and that Last Energy will therefore be entitled to seek injunctive or other equitable relief to enforce these Site Terms. Last Energy’s delay or failure to exercise or enforce any right or provision of these Site Terms will not constitute a waiver of such right or provision. No waiver by Last Energy will have effect unless such waiver is in writing, and signed by Last Energy. No waiver of any breach or default in one instance will constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Site Terms to be unenforceable, the provision of these Site Terms will be enforced to the maximum extent permissible and the remainder of these Site Terms will continue in full force and effect. These Site Terms constitute the entire agreement between you and Last Energy with regard to your access to and use of the Sites and Site Materials.
If you have any questions about these Site Terms, please contact us at firstname.lastname@example.org.