YES Energy Management, Inc. (“YES”) is committed to protecting the privacy of individuals and achieving and maintaining the trust of our clients (“YES Clients” or “Clients”) and other users of and visitors to our websites (collectively, “Visitors”). Central to this mission is providing a robust security and privacy program that carefully considers data protection matters across the suite of utility billing and related products and services offered by YES (“YES Services” or “Services”), including data stored by YES or its parent company on behalf of its Clients and their customers in connection with our Services (“Client Data”), and with respect to “personal data,” as defined by the European General Data Protection Regulation (“GDPR”), and “personal information,” as defined by the California Consumer Privacy Act of 2018 (“CCPA”) (collectively, “personal information”).
Web Sites Covered
IMPORTANT: THIS PRIVACY NOTICE DOES NOT APPLY TO CLIENT DATA. YES’s confidentiality/privacy and other obligations with respect to its Services, and Client Data (as defined in the agreements for those Services), are governed solely by the agreements under which the Services are provided to our Clients. The traditional licensees of YES Services are residential and commercial real estate property owners and property managers (again, collectively, as used in this Privacy Statement, “YES Clients” or “Clients”). The other actors in the real estate economy are, of course, the residents, tenants and providers of various services for, or at, the buildings Clients own and manage. YES Services help Clients manage their real estate and other assets. YES generally has no direct relationship with the individuals to whom our Clients’ Client Data may pertain; YES merely hosts or processes such data on behalf of our Clients. Any uses of Client Data by YES are done so pursuant to the services agreement in place between YES and the relevant YES Client, or YES’s applicable Terms of Service, which exclusively govern YES’s treatment of Client Data. This Privacy Statement does not apply to YES Services or Client Data.
If you have any questions about the data practices of a YES Client that uses YES Services to process your personal information, please contact the YES Client directly.
Web Sites Not Covered
Some YES Services enable YES Clients to create websites and applications of their own that run on the YES platform. The terms of service and privacy notice of the YES Client govern such websites. If you submitted personal information to a YES Client-controlled website or application (e.g. property branded RENTCafé resident portals) and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with the YES Client directly.
The YES Sites may contain links to other third-party websites. The information practices or content of such other websites is governed by the privacy statements or notices of such other websites. YES encourages you to review the privacy statements or notices of such other websites to understand their information practices.
General Data Protection Regulation (“GDPR”)
Some countries, including countries in the European Economic Area (“EEA”), impose certain responsibilities on data controllers and data processors. A company is a data controller when it has the responsibility of determining why and how personal information is processed, whereas a company is a data processor when it processes personal information on behalf of a data controller. YES is a data processor and not a data controller under GDPR with respect to Client Data. YES Clients are data controllers because they make all decisions about how or why Client Data, containing personal information or not, is to be processed, including any disclosure or transmission to third parties. If personal information pertaining to you as an individual has been submitted or entered into a YES Service by or on behalf of a YES Client, or was otherwise collected by a YES Service on behalf of a YES Client, and you wish to exercise any rights you may have to access, correct, amend or delete such Client Data, please inquire with the YES Client directly. If an authorized YES Client requests that we update or remove the data in question and the YES Client has no ability to do so via use of the Services, we will acknowledge their request within 30 days.
California Consumer Protection Act (“CCPA”)
If you are a California resident, you may have certain rights with respect to personal information, as set forth in Cal. Civ. Code 1798.100 et seq. This “Rights of Individuals” section of this Privacy Statement addresses those California-specific rights as applied to the CCPA-covered information, including the right to request information about the personal information we collect and share and to request access to and deletion of such information consistent with the provisions of the law. Please note that most of the personal information YES collects and maintains YES maintains on behalf of YES clients, as a service provider to those YES clients. As a result, YES clients’ privacy policies, not this Privacy Statement, cover that information. As a result, if you make a request to us with respect to such data, we will refer you to the YES client (for instance, property management companies) on whose behalf we may maintain the information to assist you with your request.
Canada Personal Information Protection and Electronic Documents Act (“PIPEDA”)
To the extent it is applicable, this Privacy Statement is made under the Personal Information Protection and Electronic Documents Act. There are some rare exceptions to the commitments set out in this Privacy Statement.
For more general inquiries, the Information and Privacy Commissioner of Canada oversees the administration of the privacy legislation in the private sector. The Commissioner also acts as a kind of ombudsman for privacy disputes. The Information and Privacy Commissioner can be reached at:
Address: 112 Kent Street, Ottawa, ON K1A 1H3
Phone: (613) 995-8210
Toll-free: (800) 282-1376
Facsimile: (613) 947-6850
TTY: (613) 992-9190
Privacy Laws of Other Territories
This Privacy Statement is made under the privacy laws of other territories not described above, to the extent they are applicable.
Rights of Individuals
Rectifying Personal Information Submitted on YES Sites
If we have collected and processed your personal information based on your consent, you can withdraw your consent at any time by contacting us using one of the methods listed in the Contacting Us section below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Visitors who wish to correct, update, change, or erase the personal information they submit on certain YES Sites should be able to go back to the applicable registration page or web form to edit their user or organization record. However, some of the information voluntarily submitted that is not personal information, such as a response to a poll or a survey, is typically aggregated and thus not correctable, updatable, changeable, or erasable. For additional information or problems accessing your information from such page, contact us by using one of the methods listed in the Contacting Us section below. If you consider that we have processed your personal information in violation of applicable law and failed to remedy such violation to your reasonable satisfaction, you may also lodge a complaint with the data protection supervisory authority in your country.
Your Right To Request Disclosure of Information We Collect And Share About You
YES is committed to ensuring that you know what information we collect about you. You can request the following information from us, with respect to personal information we have collected:
- The categories of personal information we have collected about you.
- For each category:
- The categories of sources from which we collected the personal information
- The business or commercial purposes for which we collected the personal information
- The categories of third parties with which we shared the information
- The specific pieces of information we collected about you
YES will respond to such requests if required by law, in which case the response will cover the 12-month period preceding our receipt of the request.
Your Right To Request the Deletion of Personal Information We Have Collected
Upon receiving a deletion request covered by the GDPR, the CCPA, or other applicable privacy law with respect to YES Sites, YES will delete the personal information we have collected about you, except for where we have a legitimate business purpose to retain such information, or situations where specific information is necessary for us to: provide you with a good or service that you requested, perform a contract we entered into with you, maintain the functionality or security of our systems, or comply with or exercise rights provided by the law. The law also permits us to retain specific information for our exclusively internal use, but only in ways that are compatible with the context in which you provided the information to us or that are reasonably aligned with your expectations based on your relationship with us.
We Do Not Sell Personal Information
YES does not and will not sell personal information to third parties and has not sold personal information within the last 12 months.
We Are Committed To Honoring Your Rights
If you exercise any of the rights explained in this Privacy Statement, YES will continue to treat you fairly. In particular, this means that if you exercise any rights under this Statement, you will not be denied or charged different prices or rates for goods or services, or provided a different level or quality of goods or services than others.
How YES Will Respond to a Request to Exercise Your Rights
For individual rights requests covered by the CCPA, YES will provide a substantive response to your request generally within 45 days from when we receive it, although it may take longer under certain circumstances. For individual rights requests covered by the GDPR, YES will provide a substantive response to your request generally within 30 days from when we receive it, although it may take longer under certain circumstances. For individual rights requests covered by other applicable laws, YES will provide a substantive response within the timeframe set forth in such law. In some cases, the law may allow us to refuse to act on certain requests. When this is the case, we will endeavour to provide you with an explanation as to why.
We may ask you for additional information to verify your identity for purposes of responding to a request you have made. If YES is unable to verify your identity with the degree of certainty required, we will not be able to respond to the request.
You may designate an agent to submit requests on your behalf. For requests covered by the CCPA, the agent can be a natural person or a business entity that is registered with the California Secretary of State. If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our agent verification process.
Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with the applicable law pertaining to powers of attorney.
How to Make a Request to Exercise Your Rights
To exercise any of the rights above, or to ask a question, contact us by using one of the methods listed in the Contacting Us section below.
Your California Privacy Rights Regarding Direct Marketing
As stated elsewhere in this Privacy Statement, and in accordance with California Civil Code section 1798.83, YES does not disclose personal information collected on the YES Sites to third parties for their direct marketing purposes. (California Civil Code section 1798.83 permits users of a website that are California residents to request certain information regarding the disclosure of personal information to third parties for their direct marketing purposes).
Information We Collect
Information that you provide voluntarily: YES Sites offer various ways that individuals may contact us, such as through form submissions or phone, in order to inquire about our company and services. For example, when creating an account or logging in to view and pay your utility bills, YES collects personal information from you that is necessary to fulfill your request.
The personal information we collect may include:
- contact information (such as your name, address, telephone number and email address) as well as the nature of your communication;
- professional information (such as your company name, job title, company address);
- marketing information (such as your contact preferences); and
- any information you choose to provide to us when completing any ‘free text’ boxes in our forms (for example, bot interaction).
Information we collect automatically: When using a YES Site, certain information is automatically collected by most browsers or through your device (such as your IP address, your operating system, your browser, device information, unique device identifiers, mobile network information, request information (speed, frequency) and information about how you interact with a YES Site and other websites). personal informationSome of this information is collected using cookies and similar tracking technology, as explained in the “Cookies” section below.
Information we collect from other sources: In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, data providers, social media platforms, as well as from other third parties. This information may include:
- mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising, delivering more relevant email content, event promotion and profiling; and
- updated delivery or payment information used to correct our records; purchase or redemption information; and customer support and enrollment information.
Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. As is common to many online services, our Services may make use of the following third party cookies to collect certain data directly from end-user browsers for the purposes described in this Privacy Statement (see the Section “Information we collect automatically” above for further information).
Google Analytics: This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages. Further information on how Google collects and uses this data can be found at www.google.com/policies/privacy/partners/.
Do Not Track
Some features of the YES Sites do not respond to browser do not track signals.
How We Use Information We Collect
We use the information we collect or receive (alone or in combination) to:
- To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.
- To send administrative information to you, for example, information regarding the YES Sites and changes to our terms, conditions, and policies.
- To send you marketing communications, including via email and SMS in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you.
- To personalize your experience on the YES Sites.
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying the YES Sites and our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
If you are resident in or a visitor from the EEA, our legal basis for collecting and using the information and personal information described in this Privacy Statement will depend on the information or personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you where we need the personal information to perform a contract with you, where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent to do so. Typically, our legitimate interests include: (i) providing, improving and personalizing the YES Sites and Services; (ii) managing our relationship with you; and (iii) conducting our marketing activities. In some cases, we may also have a legal obligation to collect personal information from you.
Additional Information About How YES Shares Your Personal Information
We do not rent or sell personal information.
We may disclose personal information to third parties to assist us in performing the Services, including payment processing for any applicable fees associated with an event or transaction. These third parties have access to the information you submit only to perform these tasks on our behalf.
Public Forums and Customer Testimonials
YES may provide bulletin boards, blogs or chat rooms on YES Sites. Due to the nature of the Internet, any information or personal information you choose to submit in such a forum may be read, collected or used by others who visit these forums, and may be used to send you unsolicited messages. YES is not responsible for any information or personal information you choose to submit in these public forums.
YES may post a list of clients and testimonials on YES Sites that contain information such as client names and titles. In such cases, YES obtains the consent of each such person prior to posting any information on such a list or posting testimonials.
Information We Share
As described above, YES may share your personal information with contracted service providers so that these service providers can provide services on our behalf. YES does not share, sell, rent or trade any personal information to or with third parties for their promotional or marketing purposes.
YES Parent and Affiliates
YES may share your personal information with the parent or affiliates of YES for the purpose of any necessary collaboration.
YES may share your personal information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of YES’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by YES about our Visitors is among the assets transferred.
YES reserves the right to use or disclose information and personal information provided on the YES Sites if required by law or if YES reasonably believes that such use or disclosure is necessary to protect YES’s rights and/or to comply with a judicial proceeding, court order or legal process.
International Transfer of Information
To facilitate YES’s global operations, YES may store, transfer and access the information and personal information you submit on the YES Sites around the world, including the United States, Canada and other countries in which YES or its third party service providers have operations.
If you are using the YES Sites or Service from outside the United States, please be aware that your information may be transferred to, stored, and processed by YES in our facilities and by those third parties with whom we may share your personal information, in the United States and other locations where we have offices. These countries may have data protection laws that are different to the laws of your country. This Privacy Statement shall apply even if YES transfers such information or personal information to other countries. By contacting us through our web form or providing information or personal information to us on any YES Sites in any other context, you consent to the transfer of your information and personal information among these facilities, including those located outside your home country.
If you are located in the EEA, we will comply with applicable legal requirements and have taken appropriate safeguards to require that your personal information remains protected in accordance with this Notice in relation to the transfer of personal information outside of the EEA. In all such cases, we will only transfer your personal information if:
- The country to which the personal information will be transferred has been recognized as offering an ‘adequate’ level of protection by the European Commission;
- The recipient of the personal information is located in the U.S. and has certified to the EU-U.S. and/or Swiss-U.S. Privacy Shield Framework(s), as the case may be; or
- We have put in place appropriate safeguards with respect to the transfer of data, for example by implementing the European Commission’s Standard Contractual Clauses for transfers of personal information (the “EU Model Clauses”).
In relation to transfers of information between our group companies, we have implemented the EU Model Clauses, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law.
You may request a copy of the safeguards that we have put in place in respect of transfers of personal information by contacting us as described in the Contacting Us section below.
YES offers Visitors who provide contact information a means to choose how YES uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of YES’s marketing emails. Additionally, you may specify your communications preferences using one of the methods listed in the Contacting Us section below. YES Clients cannot opt out of receiving transactional emails related to their account with YES or the Services.
Children Under the Age of 16
YES Sites are not intended for children under 16 years of age. No one under age 16 may provide any information to, or on, any YES Sites. We do not knowingly collect personal information from children under 16, nor do we sell the personal information of children under 16. If you are under 16, do not use any YES Sites, and do not provide any information via any YES Sites. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that data. If you believe any YES Sites may have collected personal information from or about a child under 16, please contact our Legal Department at (844) 863-2278.
YES retains the personal information we receive on the YES Sites for the duration of your relationship with YES, and where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements, to enforce our agreements or comply with our legal obligations). Retention periods may be extended if we are required to preserve your personal information because of litigation, investigations and other similar proceedings, or if a longer retention period is required or permitted by applicable law.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such data. If this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
YES is committed to protecting the security of any personal information you provide to us. YES uses appropriate administrative, technical, and physical security measures to protect any such information you submit. Despite these protections, no electronic transmission over the Internet or information storage technology can be guaranteed to be completely secure, so you should take appropriate precautions before deciding what information you send us in this way.
Reporting Copyright Infringement Claims
YES respects the intellectual property of others, and we ask our users, property managers, owners, and commercial brokers to do the same. YES has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”).
If a third party believes that its work has been copied in a way that constitutes copyright infringement, or its intellectual property rights have been otherwise violated, it should provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that it claims has been infringed; (iii) a description of where the material that it claims is infringing is located on the YES Site; (iv) its address, telephone number, and email address; (v) a statement that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the above information in your notice is accurate and that it is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
DMCA Notices should be sent to our designated copyright agent: [email protected] or via mail Attn: DMCA Agent – Legal Department, YES Energy Management, Inc., 430 S. Fairview Avenue, Santa Barbara CA 93117.
It is YES’s policy, in appropriate circumstances, to terminate the accounts of parties who are repeat infringers or are repeatedly charged with infringement.
Changes to this Privacy Statement
YES reserves the right to change this Privacy Statement from time to time. Your continued use of any YES Sites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Statement periodically for updates. If we make a material change in the way we use or share your personal information, we will provide notice that our policy has changed on this site.
YES is committed to ensuring that our communications, including our website, are accessible to people with disabilities. This website is designed to meet content accessibility guidelines. To make accessibility-related requests or report barriers, please contact us by using one of the methods listed in the Contacting Us section below.
If you have any questions about this Privacy Statement, or you would like to exercise any of your rights, please let us know by contacting us using any of the methods below:
By phone at: (844) 863-2278
By email at: [email protected]
In writing at: Attention – Privacy Manager, 430 S. Fairview, Santa Barbara, CA 93117, USA
Last Updated: December 31, 2019