The following Privacy Policy and Terms of Use (the “Terms”) are effective as of March 9, 2020.

1. Acceptance of Privacy Policy and Terms of Use

Welcome to the New York City Energy Efficiency Corporation (“NYCEEC”) website.  These Terms govern your use of the NYCEEC website (the “Site”).  Please read the Terms in full before using the Site.  By accepting these Terms, or by using this Site, you agree to be legally bound by these Terms. If you do not agree to these terms, please do not use the Site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the use of the changes made. We do occasionally update these terms so please refer to them in the future.  If you provide any personal information to NYCEEC through other aspects of NYCEEC’s business including offline, NYCEEC asks you to review these Terms which also govern information collected through other aspects of NYCEEC’s business including offline.  These Terms do not apply to the practices of companies that NYCEEC does not own or control, or to people whom NYCEEC does not employ or manage.

2. Collection of Information by NYCEEC

In order to improve the content and usability of the Site, NYCEEC automatically collects several categories of information from users. This information includes the following¹:

– The apparent Internet Protocol (“IP”) address of your Internet Service Provider (“ISP”) and/or your computer, if your computer has an IP address assigned directly to it.²

– The apparent Fully Qualified Domain Name (“Domain Name”) of your ISP and/or your computer, if your computer has a domain name assigned directly to it.

– The type of browser (for example Chrome, Internet Explorer, Safari, Firefox) you use and the operating system resident on your computer.

– The date and time you visited the Site.

– The Web pages you accessed at the Site, as well as any applications used and forms data.

– The Uniform Resource Locator (“URL”) of the Site that you visited prior to NYCEEC.com, if detectable, unless you connected directly to this Site, or use it as your homepage or “Portal”.

NYCEEC uses this information for the following purposes and to achieve the following goals:

– identify Site performance needs

– ensure compatibility with the technology used by NYCEEC.com’s visitors

– add and improve services offered on NYCEEC.com

– conduct statistical analysis of the data it collects from time to time.

NYCEEC may provide your personal information to trusted operators who work on behalf of or with NYCEEC under confidentiality agreements.  These companies may use your personal information to help NYCEEC administer its business or the Site or communicate with you about offers or other information relevant to NYCEEC.

NYCEEC may provide your personal information to selected third-party entities, businesses or organizations that may review and use that information to send email messages or contact you in other ways to provide other information to you about their products or services that we believe may be of interest to you.  NYCEEC is not responsible for the collection or maintenance of such information or other practices of such third parties.

3. Information Submitted to NYCEEC

During a session on NYCEEC.com, a user may actively and voluntarily submit information to NYCEEC by, among other means, electronic mail (“e-mail”), by filling in and submitting an on-line form, or by electing to personalize NYCEEC.com and use it as a customized Portal. Such information is stored in a secure environment, and will be used by NYCEEC consistent with its mission.⁴

If you have elected not to receive further information from NYCEEC, NYCEEC.com will not send such information. If you have elected to receive further communication from NYCEEC, NYCEEC.com will only send information in categories that have been authorized. If NYCEEC.com sends e-mail to a user, such e-mail is NOT confidential⁵.

4. What We Can Do With Your Information

Except as described elsewhere in these Terms, we will not use your personal information without your consent.

We may use such information in response to or to cooperate with law enforcement and governmental requests or requirements, including responding to subpoenas, court orders, or legal process, to enforce these Terms, or establish and exercise our legal rights and defend against legal claims.

We may use such information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal or improper activities, suspected fraud, situations involving potential threats to the physical safety or property of others, violations of these Terms, to respond to your requests for customer service or other information, or as otherwise required or permitted by law.

To the extent that you post content or other information to the Site, to the extent that you have a linked account with another service provider, such as Facebook or Twitter, such content and information may become available and viewable on such linked accounts.

5. Security

NYCEEC has integrated industry standard or better security measures and systems into the design, implementation and day to day operation of NYCEEC.com and its underlying servers and networks⁸. Furthermore, NYCEEC maintains ongoing efforts to identify and/or block unauthorized intrusions into or onto NYCEEC.com, and attempts to upload to or change information on or otherwise cause damage to NYCEEC.com or the information resident hereon or submitted hereto.⁶

Please be aware that the Site and data storage are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond NYCEEC’s control.  NYCEEC is not responsible for the acts and omissions of any third parties.

NYCEEC cannot guarantee the security of the information on and sent from the Site.  No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of NYCEEC to intercept or access transmissions or private communications unlawfully.  While we strive to protect your personal information, neither NYCEEC nor any of our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk.

6. Cookies

NYCEEC.com is a cookie-enabled web site.  Cookies, and web beacon by themselves, are not able to extract any personal information from you.  These cookies and web beacon automatically identify your computer – but not you – to our servers when you visit the Site and refer your browser to obtain content from another server.  Unless you specifically tell us, we will never know who you are, even though we may assign your computer a cookie or a web beacon.  Rejecting and/or removing cookies may lead to loss of functionality on those NYCEEC.com pages requiring cookies to function fully.

7. Web Bugs (a/k/a/ Web Beacons)

NYCEEC.com does not use Web beacons⁷on its Web pages or in any html e-mail generated by use of the portal, or otherwise sent from NYCEEC.com, for any purpose other than to identify Site performance needs, ensure compatibility with the technology used by NYCEEC.com’s visitors and/or add and improve services offered on NYCEEC.com.

8. Children

NYCEEC is committed to protecting the privacy of children. The Site is directed to persons 18 years of age or older.  NYCEEC and the Site does not knowingly collect information from children under age 18.  If you are under age 13, you are not permitted to use the Site or to submit any personally identifiable information to the Site unless you are supervised by an adult. If you provide information to NYCEEC through the Site, you represent and warrant to NYCEEC that you are 18 years of age or older.  If you are 13 – 17 years of age, you may visit, browse and use the information on the Site, but you may not submit any personal information to the Site, and you represent and warrant to NYCEEC that you have permission of your parent or guardian to use the Site and any activities on the Site, who agrees to these Terms on your behalf.  If we become aware that a Site user is under age 18 and has provided personal information, we will remove his or her personal information from our files.  If you are a parent or guardian and believe NYCEEC may have inadvertently collected personal information from your child, please notify NYCEEC immediately by sending an email, including the website or line of business to which your request pertains,

No applications on NYCEEC.com specifically solicit information from minors or seek to determine whether the visitor is a minor. Consequently, because such information will not be specifically identified as being from minors, users of NYCEEC.com should be aware that personally identifiable information submitted to NYCEEC.com by minors will be subject to being treated in the same manner as information given by an adult and may become subject to the Freedom of Information Law.

NYCEEC strongly believes that parental supervision is an important factor in Internet use by minors. Therefore, NYCEEC.com asks parents to guide their minor children when children are asked to provide any personal information online. NYCEEC.com further asks that children ask for and receive their parent’s permission before providing any information online.

9. Third Party Links

NYCEEC.com provides links to, and may be linked from, local, State and federal government agencies, and from, or to, other Web sites. The existence and/or provision of those links neither constitutes nor implies endorsement of the destination or departure Web site(s) or of the content, viewpoint, accuracy, opinions, policy(ies), product(s), accessibility or privacy policy of said destination or departure Web site(s). Nor does any link between NYCEEC.com and a third-party Web site imply sponsorship of such Web site, or the creator of such Web site. NYCEEC.com provides links for informational purposes only and will remove an individual link at that site manager’s request.

Some content on portions of NYCEEC.com may reside on servers run by third parties.⁸Each entity providing content for NYCEEC.com is bound by NYCEEC.com’s Privacy Policy and Terms of Use. Any entity using a third-party host, ISP, ASP or other combination of third-party transport, storage, content or application provision services shall be responsible for such third party’s compliance with these Terms.

10. How Can You Access Your Information?

You may access the information that we have on you via [your account information page].  In the event that you find mistakes in your information or if you would like to change or delete any information that we have stored about you, you may make changes directly from [your account information page].  Please note that if you delete certain information we may no longer be able to provide you with the services that we have been providing.

If you want to unsubscribe from an email list of NYCEEC, please let us know by following the “Unsubscribe” instructions that are included in each promotional email from NYCEEC.  Please note that such requests may take up to ten (10) days to become effective.

11. Intellectual Property

The content of NYCEEC.com’s Web pages is copyrighted, and contains some third party images/graphics that are used with permission. Users are notified, therefore, that one should presume the need to obtain permission from the copyright holder before reproducing or otherwise using images/graphics from this Site.

12. Your California Privacy Rights

If you reside in California and have provided us with your personal information, you may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  In response to such request we may choose instead to provide you with a cost free means of preventing such information sharing.  To make such a request, please write to us or email us at NYCEEC, 1359 Broadway, Fl. 19, New York, NY 10018 or at [email protected], Att’n: California Customer Choice Notice.  NYCEEC is required to respond to only one request per customer each year, and is not required to respond to requests made by means other than through the above email address.

When contacting us, please indicate your name, address, email address, the site or specific page to which your request pertains, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.

13. Changes to Privacy Statement

NYCEEC.com may change the policies set forth in this privacy statement from time to time, and reserves the right to do so without notice.  The effective date of this policy, as stated above, indicates the last time this policy was revised or materially changed. Checking the effective date above allows you to determine whether there have been changes since the last time you reviewed the policy.  You should check these Terms on a regular basis for the most current privacy practices.  Regardless, we will post any changes to these Terms on this page and, if the changes are significant, we may provide a more prominent notice.  Each time you access, use or browse the Site, you signify your acceptance of the then-current changes to these terms applying to your personal information collected by us on and from the effective date of such changes.  Any changes to these Terms will take effect upon posting.

14. Disclaimers.

All information on the Site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only.  The documents and any related graphics published on the Site could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on the Site.  We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from the Site.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

15. Limitation of Liability

YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

16. Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

17. General

These Terms, and any legal notices published by us on the Site, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

18. Governing Law

These Terms shall be governed by, and will be construed under, the laws of the State of New York, U.S.A., without regard to choice of law principles.  Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.  NYCEEC may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction, at any time in its sole discretion.

Personal information collected through the Site and other aspects of NYCEEC’s business may be stored and processed in the United States or any other country in which NYCEEC or its affiliates, subsidiaries or agents maintain facilities, and by using the Site, you expressly consent to any such transfer of information outside of your country.

19. Contact Us

We know that your privacy is very important to you.  We welcome questions and comments regarding this policy, so feel free to contact us at [email protected].  You can also mail us at: 1359 Broadway, 19th Floor, New York, NY 10018.

Privacy Statement Footnotes

¹ An IP address is a numeric value assigned to an Internet Service Provider, a computer network, an individual computer or router, or a firewall (collectively, “users”) so that other computers on the Internet may direct Internet messages or other traffic to such users. Until the IP addressing system is changed, an IP address will take the form of XXX.XXX.XXX.XXX, where the X’s are numbers between 1 and 9, and 0 for some positions.

² A Domain Name is an alphanumeric value that represents the plain language (English or such other local language as is relevant) translation of the IP address assigned to a specific user or collection of users. For example, if a user had an IP address of 123.123.123.123, the Domain Name that represented that address might be WWW.HOME.COM.

³ Commercial and non-commercial marketing purposes include, for the purposes of this policy, Unsolicited Commercial Electronic Mail (colloquially known as “SPAM” e-mail), targeted e-mail for the purpose of selling products, or the sale or exchange of personally identifiable information between parties that anticipate receiving value in exchange for such information.

⁴NYCEEC’s mission is “to innovate and deliver clean energy financing solutions for buildings.”

⁵E-mail is generally not secure against interception. If a communication is very sensitive, or includes personal information like a bank account, charge card, or social security number, it is more prudent to send such communication by postal mail (i.e., “snail mail”) instead.

⁶For Site security purposes and to ensure that this service remains available to all users, NYCEEC employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act, and such other federal, state or local law as is applicable.

⁷A Web bug is a clear, camouflaged or otherwise invisible graphics image format (“GIF”) file placed upon a Web page or in hyper text markup language (“HTML”) e-mail and used to monitor who is reading a Web page or the relevant e-mail. Web bugs can also be used for other monitoring purposes such as profiling of the affected party.

⁸These third parties are computers, computer networks, ISPs, or application service providers (“ASPs”) that are non-governmental in nature and have direct control of what information is automatically gathered, whether cookies are used, and how voluntarily provided information is used.