Effective Date: January 1, 2020

This Privacy Policy of Agway Energy Services, LLC (referred to in this Privacy Policy as “Agway Energy”, “we”, “our”, or “us”) describes what information we may collect when you visit our website at Agwayenergy.com, and when you purchase Products and Services (as it is defined below) from us.

This Privacy Policy explains how we may collect, use, disclose and protect Personal Information (as it is defined below).

This Privacy Policy does not apply to the products and services or the website operated by Agway Energy’s affiliate, Suburban Propane Partners, L.P. (“Suburban Propane”). A separate privacy policy for Suburban Propane is located at https://www.suburbanpropane.com/about/privacy-policy/.

This Privacy Policy tells you what to do if you don’t want to receive marketing e-mails from us.

Please read this Privacy Policy carefully. Each time you visit our website or purchase Products and Services from us, you consent to the collection, use and sharing of your information, unless you have previously opted-out, consistent with our then-current Privacy Policy.

I. Changes to the Privacy Policy

We reserve the right to update or modify this Privacy Policy at anyime without prior notice and will post the updated version and its effective date at https://www.agwayenergy.com/privacy-policy/. All interactions with Agway Energy will be governed by this Privacy Policy. Please review the Privacy Policy periodically for updates.

II. Definitions

Products and Services means all products and services received from Agway Energy including the natural gas, electricity supply and/or our EnergyGuard™ program.

Personal Information means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, unique personal identifier, name, alias, social security number, physical description, address, telephone number, e-mail address, passport number, driver’s license or state identification data, account information (utility service account number, bill cycles, billing determinants, electric load or gas profiles, meter information and where applicable, lift support equipment), insurance policy data, education, employment-related information, financial information, medical information, health insurance information, commercial information or other purchase or consumption data, biometric information, Internet Protocol address, online identifiers or other electronic network information activity, geolocation data, audio, electronic, visual, and inferences drawn from any of the information identified to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, and aptitudes.

Personal Information does not include:

  • Publicly available information from government records; or
  • De-identified or aggregated consumer information.

Other laws that independently govern privacy, related information and data include:

  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

III. Information We Collect About You

We may collect the following categories of Personal Information:

a. Identifiers

A name, alias, address, telephone number, unique personal identifier, online identifier, Internet Protocol address, e-mail address, account information, financial and insurance information, medical information, physical characteristics or description, social security number, driver’s license number, passport number, or other similar identifiers.

b. Protected Classification Characteristics

Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, sexual orientation), veteran or military status, genetic information (including familial genetic information) or other classifications protected by law.

c. Commercial Information

Records of property, Products or Services purchased, obtained, or considered, or other purchasing or consuming histories, or tendencies.

d. Biometric Information

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

e. Internet or Other Similar Network Activity

Browser or domain data, Internet Protocol address, navigation history and other information on a consumer’s interaction with a website, application, or advertisement.

f. Geolocation Data

Physical location or movements.

g. Sensory Data

Audio, electronic, visual, thermal, olfactory, auditory, or similar information.

h. Professional or Employment-Related Information

Current or past job history, performance evaluations, or employment history.

i. Inferences Drawn from other Personal Information

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We obtain the categories of Personal Information listed above from the following sources:

  • Directly and indirectly from our consumers or their agents
  • Directly and indirectly from activity on our website
  • From third-parties that interact with us in connection with the Products and Services we or the third-parties perform

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without first providing you notice.

IV. Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information was provided to Agway Energy. For example, if you request information about our Products and Services, when you register for promotions or sign up for service. When you voluntarily submit your contact information (e.g. name, address, e-mail address, telephone number) and utility information (service address and utility account number) to enroll for Products and Services via the Agway Energy website, you consent to receive information from us about the commodity(s) you selected and the Products and Services.
  • To respond to e-mail. We may retain your e-mail, e-mail address and our response to you. This information is used to answer your follow-up questions and measure how effectively we address your concerns.
  • To customize offers for Products and Services. We may ask you to voluntarily provide us with information about your interests, demographics, experience with our Products and Services and contact preferences to help customize Product and Service offerings to our consumers.
  • To assist with calls made to our Customer Service representatives or when you speak to a sales representative to inquire or sign up for Products and Services. We may collect and combine Personal Information from other sources with Personal Information that you provide online.
  • To service repair requests service for our Products and Services. We may ask you for information about your equipment and troubleshooting questions. Your name, address, telephone number and customer account number will be provided to the contractor in response to your service requests.
  • To provide or receive certain information to/from your utility in order for us to provide you with Products and Services. This information may include, but is not limited to, service and billing addresses, utility service account numbers, purchase or consumption history, bill cycles, billing determinants, electric load or gas profiles, meter information and, where applicable, life support equipment.
  • To release information to any law enforcement or other government agency, as required by applicable law or regulation, to enforce the terms of agreements or protect rights, property or safety. Under such circumstances, we may be prohibited from providing you with notice of such disclosure, and we reserve the right not to provide you with such notice.

V. Sharing Personal Information

When you enroll for Products and Services, Agway Energy will be required to provide your utility with the commodity you choose and your utility account number, so your utility can send back to Agway Energy additional information about your account to give Agway Energy the ability to provide you with Products and Services.

We may share your Personal Information with our vendors and service providers in order for us to set up your account, provide your Products and Services, bill you for the natural gas and/or electricity you consume, ship promotional and thank-you items, and provide you with important information about our services.

If permitted by applicable law, we may share your Personal Information with affiliates of Agway Energy so that they may send you information about special offers that may be of interest to you based on information that you have given us.

If we sell, transfer or otherwise share some or all of our assets in connection with a merger, reorganization, liquidation, dissolution or sale of assets, we may transfer your Personal Information without your consent.

We may share aggregated and statistical non-personal information with third-parties to better understand how our website is used and to improve user experience.

VI. Safeguarding Your Personal Information

Agway Energy recognizes the importance of safeguarding your Personal Information and we endeavor to maintain reasonable security measures to protect against unauthorized disclosure or access. When we engage third-parties to perform services on our behalf, we require them to observe the intent of this Privacy Policy. No method of data transmission or storage is 100% secure, so we cannot guarantee the security of your Personal Information.

a. Links to Other Sites

The Agwayenergy.com website may provide links to websites or social media pages operated by other-parties. If you click through to another website or webpage, your activity will be subject to the privacy policy of that website or webpage, and not to the Agway Energy Privacy Policy. We recommend that you review the privacy policies of other websites or webpages before you use them.

b. Use of the Agwayenergy.com Website by a Child Under Age 13

The content on Agway Energy website is targeted at adults. Agway Energy will not knowingly collect information from children under the age of 13. If a child provides us with any Personal Information, the parent or guardian should notify Agway Energy by e-mail at pr@agwayenergy.com or by phone at 877-976-6866. Upon receipt of this notice, Agway Energy will delete the child’s information, and will remove it from any promotional contact list and database.

VII. Information About Your Website Activity

If you use our website, we may use cookies and use other technologies to collect anonymous information, such as your Internet Protocol address, browser and domain data, navigation history and other information. We may use anonymized information for advertising purposes and general analytics.

You may disable the use of certain cookies by modifying your browser settings or making selections on our cookie opt-out page. However, some cookies are essential and required for the proper operation of a website. If you choose to disable cookies you may not be able to fully experience the interactive features of our website. Each cookie expires after a certain period of time, depending on its use. You can learn more about cookies and interest-based advertising and how to opt-out of receiving tailored advertising or non-essential cookies by visiting resources such as the Network Advertising Initiative Consumer Opt-Out or the Digital Advertising Alliance YourAdChoices websites.

a. Do Not Track

At this time our website does not respond to “Do Not Track” signals transmitted by browsers.

b. Information that Third-Parties may Collect About Your Activity on the Agwayenergy.com Website

Third-party services, such as Facebook tracking pixels, Google Analytics, or other data aggregators may collect user information on Agway Energy’s website. They do not provide information back to Agway Energy that links user website activity data to specific individuals. Some of these services may be able to link the user’s activity on the Agway Energy website with other data and target a message to a specific user when the user is on another web or social media site. In addition to the above, we have implemented on our website certain Google Analytics features that support display advertising, including re-targeting. Visitors to our website may opt out of certain types of Google Analytics tracking, customize the Google display network ads by using the Google ad preferences manager and learn more about how Google serves ads by viewing Google’s Customer Ads Help Center. If you do not wish to participate in Google Analytics, you may also download the Google Analytics opt-out browser add-on.

If you have questions about an ad or other targeted content that you receive, or how third-party services use your data, you should contact the third-party services directly.

VIII. Opting-Out of Promotional Messages

We will only send e-mail promotions or announcements to you if you have previously given your permission for us to do so. If you would like to unsubscribe from receiving our mailings, please contact us by e-mail at pr@agwayenergy.com or by phone at 877-976-6866. You may also click on the UNSUBSCRIBE link contained in any promotional e-mail we send you.

IX. Contact Us

If you have any questions regarding this Privacy Policy, the ways in which we may collect and use your Personal Information, how to update or correct any outdated or inaccurate information, your choices and rights regarding such use, or wish to exercise your rights with respect to your Personal Information, please contact us at:

  • E-mail: pr@agwayenergy.com
  • Phone: (877) 976-6866

X. CALIFORNIA RESIDENTS ONLY – Your Rights and Choices

The California Consumer Privacy Act (CCPA) provides California consumers with specific rights regarding their Personal Information. This section describes CCPA rights and explains how to exercise those rights.

a. Access to Specific Information and Data Portability Rights

As a resident of the State of California, you have the right to request that we disclose certain information to you regarding our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of Personal Information we collected about you;

  • The categories of sources for the Personal Information we collected about you;

  • Our business or commercial purpose for collecting or selling that Personal Information;

  • The categories of third-parties with whom we share that Personal Information;

  • The specific pieces of Personal Information we collected about you (also called a data portability request); and

  • If we sold or disclosed your Personal Information for a business purpose.

b. 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 your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3. Debug products to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8. Comply with a legal obligation.

9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

c. Exercising Access, Data Portability and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at 888-977-8588

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

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 your identity 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 Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

d. Response Timing

We strive to respond to a verifiable consumer request within 45 days of its receipt. If we require additional time, we will inform you of the reason and extension period in writing. Written responses will be provided based upon the information you provide.

e. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by California law, we will not:

  • 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; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

If you have any questions regarding this section of the Privacy Policy, please contact us at:

  • E-mail: pr@agwayenergy.com
  • Phone: (877) 976-6866