DMARK Privacy Policy

Alkabo, LLC, D/B/A DMARK Energy Solutions (“DMark,” “we,” “us,” “our”) strives to build and maintain a relationship of trust with you. This Privacy Policy (the “Privacy Policy”) describes how we collect, use, and disclose your Personal Information (as defined below) and how to exercise rights you might have with respect to this information. This Privacy Policy governs Personal Information we collect through our websites (“Sites”). This Privacy Policy also governs Personal Information you provide to us offline related to our products or services (collectively, “Services”).

This Privacy Policy describes the Personal Information we collect about you, how we use this information, the choices you have regarding how we use this information, and other information regarding our privacy practices. Before engaging with our Sites, submitting information to us, or using our Services, please review this Privacy Policy. By visiting our Sites or using our Services, you agree and acknowledge that you have read and understood this Privacy Policy.

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2. Personal Information We Collect

“Personal Information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household. Personal Information does not include publicly available information. We may collect, use, store, and transfer the categories of information listed below, and we may use the Personal Information we collect to draw inferences about you, such as your preferences or habits. Please note that the types of Personal Information we collect about you will vary based on how you use the Sites and/or Services and your relationship with us.

Information You Provide Directly

We may collect Personal Information you provide directly to us via the Sites. For example, we collect Personal Information when you communicate with us using our Site’s contact form. This information typically includes your first and last name, email address, and any other information you provide in such communications. You may also provide Personal Information to us via email or offline when inquiring about our Services.

Information We Collect Automatically

We, and our service providers, may also automatically collect certain information about you when you access or use the Sites (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, time zone, information about your usage of and interaction with the Sites, devices you use, the web page you visited before coming to our sites, and identifiers associated with your devices.

The methods that may be used on the Sites to collect Usage Information include cookies, web beacons (also known as tracking pixels), embedded scripts, location-identifying technologies, device recognition technologies, device and activity monitoring and other tracking technologies now and hereafter developed (“Tracking Technologies”). Tracking Technologies may be used to collect information about your interactions with the Sites, Services, and/or e-mails from DMark.

Some information about your use of the Sites may be collected using Tracking Technologies across time and websites and used by us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the Sites and on certain other online websites. See the Tracking Technologies Choices section of this Privacy Policy below for additional information about Tracking Technologies.

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3. How and When We Use Personal Information, Including for Marketing and Advertising

We may use the Personal Information we collect from you for the following purposes:

To communicate with you about our Services
To respond to communications you send us
To provide Services to you
To improve your experience with our Sites, such as saving your preferences from visit to visit to present you with a customized version of the Sites.
To improve our Sites and Services, and to develop new products and services
To provide recommendations and deliver relevant advertising to you
To provide a secure online environment, investigate illegal activities, comply with applicable law, and protect the health and safety of our customers, employees, contractors, and the general public

We may combine information across our systems, platforms, and databases. This includes combining information we receive from third parties and information about your use of our Sites and Services. We may also combine information about your use of one Service with information we get from your use of another Service.

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4. Tracking Technologies
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Tracking Technologies Generally

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Also, tools from browsers may not be effective with regard to certain Tracking Technologies. Please be aware that if you disable or remove these technologies, some parts of the Sites may not work, and when you revisit the Sites, your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online Websites you visit. Like many online services and websites, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third party information.

Interest Based Advertising and Limitations

We may engage and work with third parties to serve advertisements by email, on the Sites and/or on other online websites. Some of these ads may be tailored to your interest based on your interaction with the Sites and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”).

We are not responsible for, and make no representations regarding, the policies or business practices of any third parties, including, without limitation, data analytics service providers operating on our Sites. We encourage you to familiarize yourself with and consult their privacy policies and terms of use. See the “Tracking Technologies Choices” section below for information about choices offered by those third parties regarding their data collection and use.

Analytics and Advertising Tracking Technologies

You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

You may choose not to receive some interest-based advertising by submitting opt-out requests. Some advertisers and service providers that perform advertising-related services for us on our Sites and on third party websites may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how to exercise certain choices regarding interest-based advertising, including use of cross-device data for serving ads, visit http://www.aboutads.info/choices/ and http://www.aboutads.info/appchoice. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of interest-based advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain interest-based advertising to you. It does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may no longer, be effective. We support the ad industry’s Self-regulatory Principles for Online Behavioral Advertising and we expect that ad networks we directly engage to serve you interest-based advertising will do so as well, though we cannot guaranty their compliance.

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5. When and With Whom We Share Personal Information

We may disclose your Personal Information under any of the following circumstances:

To provide the Services and Sites to you
To comply with data privacy requests made by you under applicable privacy law
When required by law or to respond to legal process
To enable our service providers to provide the Sites and Services to you, subject to this Privacy Policy (See section below titled Disclosure of Personal Information to Our Service Providers)
As part of a merger or asset sale
To protect our property or rights or the safety of our employees, our customers, or other individuals
At your direction pursuant to clear, written instructions
As otherwise required or permitted by applicable law and this Privacy Policy

Disclosure of Personal Information to Our Service Providers‍

We may share your Personal Information with our service providers to provide the Sites and Services to you. We require all such service providers to treat the information we share with them as confidential and to use it only for providing their services to us. These service providers include:

Professional services providers, such as firms that provide consultative services, assist with improving our programming, provide legal services, or supply project-based resources and assistance
Analytics services providers, including entities that analyze traffic to and on our Sites, analyze how our Services are used, and assist with identifying and communicating with potential customers
Marketing, advertising, and sales services providers that assist us in creating and executing marketing, advertising, and sales initiatives
Security providers, such as entities that assist with security incident verification and response, service notifications, fraud prevention, identity verification and management, and authentication
Information technology providers, such as entities that assist with website design, hosting, and maintenance, data and software storage, and network operations

Disclosure of Personal Information Pursuant to Legal or Regulatory Requests‍

We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

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6. Security of Your Personal Information‍

We maintain an information security program that contains appropriate administrative, technical, and physical measures designed to ensure a level of security appropriate to the nature of our business and the personal information we collect and process. If you have any questions about the security of your personal information, you can contact us at the contact information below.

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7. Children’s Privacy‍

Our Sites and Services are not intended for or directed to children, and we do not knowingly collect personal information from children. If we become aware that we have collected the personal information of a child, we will delete all such data in accordance with applicable law.

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8. Personal Information Retention

We retain your Personal Information for no longer than is necessary to achieve the purposes for which the Personal Information was collected, or as may otherwise be permitted or required under applicable law.

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9. Conflict Between This Privacy Policy and Local Laws and Regulations

When federal, state, and local laws and regulations require a higher level of protection for your Personal Information, they take precedence over this Privacy Policy. In addition, the specific requirements of this Privacy Policy will apply unless disallowed by local laws and regulations.

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10. How To Contact Us With Questions About This Privacy Policy

Send us a message: privacy@dmarkenergy.com

Be sure to include your name, address, and a daytime telephone number where we can reach you.

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11. Additional Information For Residents of Certain Regions

11.1 European Union / United Kingdom / Switzerland

The EU General Data Protection Regulation and the UK General Data Protection Regulation (collectively, the “GDPR”) provide residents of the EEA, United Kingdom, and Switzerland the rights to receive notice regarding the purposes for which your data are processed and the legal basis for our processing, the categories of recipients of your personal information, whether the personal information will be transferred outside these jurisdictions, and the criteria we use to determine how long to retain your data. You also have the right to receive notice about your rights. These rights apply to all residents of these locations, regardless of whether you are a customer, business contact, or member of our workforce.

The GDPR defines “Personal Data” to mean “any information that is linked or reasonably linkable to an identified or identifiable natural person.” When we use the term “personal information” in our Privacy Policy, it includes Personal Data covered by this definition.

Legal Basis for Processing

We rely on a variety of legal bases to process your personal information. If you submit personal information directly to us, your agreement to this Privacy Policy constitutes your consent to allow us to process your personal information in accordance with this Privacy Policy. We may also process your personal information to comply with legal obligations, to take steps at your request pursuant to a contract, or for our legitimate interests as permissible by the GDPR.

Transfers of Personal Information Outside of the EU/ UK / Switzerland

We are a U.S. company. We do not collect or store any personal information in the EEA. The only personal information of EU, U.K., or Swiss residents is personal information that such. residents may provide to us pursuant to the mechanisms described in the section of this Privacy Policy titled Personal Information We Collect. Such information is processed in the U.S. We process such personal information in the U.S.A. and implement appropriate safeguards to protect your personal information in the U.S.A.

Individual Rights Requests

The following sections list privacy rights that may be exercised by residents of the EU, the U.K. or Switzerland. You may exercise the following rights by emailing us at privacy@dmarkenergy.com.

Right of access, right to data portability, right to request correction, and right to request deletion of information‍

You have the right to request that we:

Give you access to, and a copy of your personal information we hold in our systems;
Correct or update inaccurate or incomplete personal information we have about you;
Delete all or some of the personal information we have about you (e.g., if it is no longer needed to provide Services to you).

Right to object, withdraw consent, and restrict processing

You have the right to request that we:

Stop using, and ensure that all third parties stop using, some or all of your personal information (e.g., if we no longer have a legal basis to process it); and
Stop contacting you with promotional messages.
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Right to object, withdraw consent, and restrict processing

You have the right to request that we:

Stop using, and ensure that all third parties stop using, some or all of your personal information (e.g., if we no longer have a legal basis to process it);
Stop contacting you with promotional messages.
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Right to opt out of automated processing

You have the right to opt-out of automated processing where such processing would produce legal or other similarly significant effects. However, we do not use personal information of residents of the EEA, Switzerland, and United Kingdom to make automated decisions about you that would have these effects.

Right to lodge a complaint

You have the right to lodge a complaint with your local data protection authority about our use of your personal information. You can find the relevant supervisory authority name and contact details at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

You can find the contact details of the UK Commissioner at https://ico.org.uk/, and of the Swiss Federal Data Protection and Information Commissioner at https://www.edoeb.admin.ch/edoeb/de/home.html.

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11.2 California

Additional Information for California Residents‍

In this section, we provide additional information to California residents about how we handle their personal information, as required under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, and its implementing regulations (collectively, the “CCPA”). This section does not address or apply to our handling of personal information that is exempt under the CCPA.

Categories of personal information.

While our processing of personal information varies based upon our relationship and interactions with you, the table below generally identifies the categories of personal information we collect about California residents, as well as the categories of third parties to whom we may disclose this information for a business or commercial purpose:

Identifiers: including direct identifiers, such as name, email address, phone number, address and other contact information; IP address and other online identifiers.
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Third Party Disclosures for Business or Commercial Purposes

Service providers
Advisors and agents
Regulators, government entities and law enforcement
Advertising networks
Data analytics providers
Internet service providers, operating systems and platforms
Others as required by law
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Internet and electronic network activity information: including, but not limited to, browsing history, search history, and information regarding interactions with an internet website, application, or advertisement, including other usage data related to your use of any of our Services or other online services
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Third Party Disclosures for Business or Commercial Purposes

Service providers
Advisors and agents
Regulators, government entities and law enforcement
Advertising networks
Data analytics providers
Internet service providers, operating systems and platforms
Others as required by law
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“Sales” and “Sharing” of Personal Information.‍

The CCPA defines a “sale” as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration, and “sharing” broadly includes disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. We do not sell data to third parties for any purposes.

Individual Rights of California Residents

Individuals who are residents of California generally have the following rights under California law with respect to their personal information processed by us, subject to certain limitations and exceptions:

To opt out of sales and sharing. The right to opt-out of the sale and sharing of your personal information. However, as noted above, we do not sell your personal information.
To limit certain uses and disclosures of sensitive personal information. The right to limit our use or disclosure of sensitive personal information to those uses authorized by the CCPA. However, we do not collect sensitive personal information.
Deletion. You have the right to request that we delete your personal information, subject to certain exceptions.
To know/access. You have the right to request access to the personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about them.
Correction. You have the right to request correction of inaccurate personal information that we have about you.
Non-discrimination. You have the right not to be subject to discriminatory treatment for exercising your rights under the CCPA.

Submitting Requests to Access, Delete, Correct, and Limit.

California residents may submit individual rights requests using any of the following methods:

By email to privacy@dmarkenergy.com
By telephone at (800) 760-5094
By mail to the following address

DMARK Energy Solutions
Attn: Christian Bonilla
1339 27^th St NW
Washington, DC, 20007-3103

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11.3 Colorado, Connecticut, Montana, Oregon, Texas, Utah, Virginia

Additional information for Colorado, Connecticut, Montana, Oregon, Texas, Utah and Virginia residents

This section supplements the information contained in the Privacy Policy and applies solely to those who reside in the States of Colorado, Connecticut, Montana, Oregon, Texas, Utah and Virginia.

Please note that we do not sell your personal information.

Information We Collect

We collect personal information in accordance with the section of our Privacy Policy titled Personal Information We Collect.

Use of Personal Information

We use personal information in accordance with the section of our Privacy Policy titled How and When We Use Personal Information.

We won’t collect additional categories of personal information or use the personal information collected for materially different, unrelated, or incompatible purposes without providing you notice. Notice may be in the form of an update to this Privacy Policy.

Disclosing Personal Information

We disclose personal information in accordance with the section of our Privacy Policy titled When and With Whom We Share Personal Information.

Prior to any disclosure of Personal Information to a third party, we require an executed contract that describes the specified purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose, except to perform the specific services stated within such contract.

Your Rights and Choices

Residents of Colorado, Connecticut, Montana, Oregon, Texas, Utah and Viginia have specific rights regarding their personal information. This section describes those privacy rights and explains how to exercise them.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information. Once we receive and verify your request, we’ll disclose specific information to you as required by the applicable state privacy law.

Correction Request Rights

You have the right to request correction of any inaccurate personal information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we’ll correct (and direct our service providers to correct) your personal information, unless an exception applies. Accordingly, we may deny your correction request if:

We cannot verify your identity,
We believe a request is fraudulent or abusive, or
We are not the source of the personal information that you believe is inaccurate. In such cases, we will provide you the name of the source from which we received the personal information.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm and verify your request, we’ll delete your personal information from our records and direct our service providers to delete your personal information from their records, unless an exception applies. Accordingly, we may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested or that a third party requested on your behalf, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided the information.

Opt Out of Profiling and Targeted Advertising

You have the right to opt out of targeted advertising and profiling, to the extent that profiling makes decisions that produce legal or similarly significant effects concerning you. We do not profile you.

Exercising Your Rights

Residents of Colorado, Connecticut, Montana, Oregon, Texas, Utah and Viginia may submit individual rights requests using any of the following methods:

By email to privacy@dmarkenergy.com
By telephone at (800) 760-5094
By mail to the following address

DMARK Energy Solutions
Attn: Christian Bonilla
1339 27^th St NW
Washington, DC, 20007-3103

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You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with any personal information if we cannot verify your identity or if we determine that you do not have the authority to make the request or confirm that the personal information relates to you.

Response Timing and Format

We try to respond to verifiable consumer requests within 45 days. If we require more time (up to 90 days), we’ll inform you of the reason and extension period in writing. Any information we provide in response to a verifiable consumer request will only cover the 12-month period preceding our receipt of the request. Our response will include any reasons we cannot provide the requested information, if applicable, as well as instructions on how to appeal our decision not to provide information. For data portability requests, we’ll select a format to provide your personal information that is secure and readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Generally, we don’t charge a fee to process or respond to verifiable consumer requests unless it is excessive, repetitive, or manifestly unfounded. If we determine the request warrants a fee, we’ll tell you why that decision was made and provide you with a cost estimate before completing your request.

Non-Discrimination

We don’t discriminate against anybody for exercising their privacy rights. That means that we won’t use your privacy request as a reason to:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Sensitive Personal Information

We do not collect or process your sensitive personal information.
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12. Changes to this Privacy Policy

We reserve the right to amend this Privacy Policy at any time at our discretion. When we make material changes to this Privacy Policy, we’ll indicate the date of the changes at the top of the new Privacy Policy, or as otherwise required by applicable law.

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Privacy Policy

1. About This Privacy Policy

2. Personal Information We Collect

3. How and When We Use Personal Information, Including for Marketing and Advertising

4. Tracking Technologies ‍

5. When and With Whom We Share Personal Information

6. Security of Your Personal Information‍

7. Children’s Privacy‍

8. Personal Information Retention

9. Conflict Between This Privacy Policy and Local Laws and Regulations

10. How To Contact Us With Questions About This Privacy Policy

11. Additional Information For Residents of Certain Regions

12. Changes to this Privacy Policy

4. Tracking Technologies
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