Privacy Policy

BKV-BPP Retail, LLC (doing business as BKV Energy or BKV Power, PUCT No. 10323) and its parents, affiliates, intermediaries and subsidiaries (collectively, “BKV Energy,” “our”, “us” or “we”) take user privacy seriously. This privacy policy (“Privacy Policy”) provides an overview of what information BKV Energy may collect from you, and how we may use it. We will take reasonable steps to ensure that your Personal Information (as defined herein) and Browsing Information (as defined herein) will only be used in ways that are in compliance with this Privacy and applicable privacy-related laws.

Application of this Privacy Policy. This Privacy Policy is applicable to your interaction with BKV Energy, including in the course of applying for and/or receiving retail energy products and services. This policy is in effect for any Personal Information and Browsing Information collected and/or owned by BKV Energy, including, but not limited to, collection through any use of BKV Energy websites (www.bkvenergy.com and all of the subdomains located thereon), mobile applications, customer information portals, and any online feature, service and/or program offered by BKV Energy (collectively, the “Web Properties”). This policy applies to the transmission, collection and handling of information collected from or about you in the following ways:

When you enroll, or attempt to enroll, in our products and services.
When you view or access our website(s).
Through any mobile or desktop applications that you may download to facilitate your access to our products and services, or communicate with us.
When you view or otherwise interact with advertising or marketing of our products and services through third party websites, search engines, or other external links.
When we interact with you through electronic or telecommunication methods including, but not limited to, phone calls, emails, text messages, social media or other methods.

Notwithstanding the foregoing, this Privacy Policy is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information and Personal Information collected and/or owned by any entity other than BKV Energy.

Types of Information Collected. BKV Energy may collect information about you either directly or on your behalf from third parties. We may collect two types of information from you: Personal Information and Browsing Information.

(1) Personal Information. The types of personal information BKV Energy collects may include, among other things, the following categories of information (collectively, “Personal Information”):

contact information (e.g., your name, mailing address, telephone number, email address, Social Security number, driver’s license number, credit and financial information, account numbers, billing and credit or payment history);
demographic information (e.g., date of birth, gender, marital status);
resume information (e.g., education, work and military history, legal work eligibility status);
sensitive personal information collected as part of our representation of you, personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health, or data concerning a natural person’s sex life or sexual orientation;
geolocation data
distribution utility account numbers or meter identification numbers
energy usage data
information necessary for the enrollment, application, or provision of service under products and services provided by us to you; and
aggregated information or other information specific or not specific to you.

(2) Browsing Information. BKV Energy may obtain non-individualized, generic information about you when you visit the Web Properties. This may include, among other things, the following categories of information (collectively, “Browsing Information”):

Internet Protocol (or IP) address, or device ID/UDID, protocol and sequence information;
browser language and type;
domain name system requests;
browsing history (such as time spent at a domain, time and date of your visit) and number of clicks;
http headers, application client and server banners;
operating system and fingerprinting data; and/or
similar behavioral and usage information.

How Information is Collected. In the course of our business, we may collect Personal Information about you from the following sources:

information we receive from directly from you, or on your behalf, through your interactions with us via phone calls, text messages, chats, emails, webforms, or social media and use of our products and services,
information we receive from you through forms you complete at events such as conferences and seminars, or if you contact us, for example to raise a query;
the correspondence you and others direct to us;
information we receive when you subscribe to our marketing materials, apply or enroll for service with us, or use our products or services;
information we receive from you through the Web Properties;
information we receive from your computer or mobile device;
information we receive from our subsidiaries, affiliates, directors, employees, contractors, and agents;
information we receive from other third parties or publicly available sources, as permitted by applicable laws, rules and regulations (e.g., from social media services, forums, commercially available services), and
information we receive from your electric utility, regional transmission operator, or other data management providers responsible for reading, transmitting or storing your energy consumption information.

We may collect Browsing Information from you as follows:

Cookies: BKV Energy may use “cookies” to keep track of your visit and use of the Web Properties. A cookie is a small piece of data that your browser stores on your computer’s hard drive and is used to collect information, such as identifying those areas of the Web Properties that you have visited in the past in order to enhance your next visit to the Web Properties. If you would prefer not to receive cookies, you may be able to alter your browser’s configuration to refuse cookies.

Web Beacons: The Web Properties may also contain electronic images known as Web Beacons (sometimes referred to as “clear gifs”). Web Beacons collect only limited information that includes a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third-party advertisers. These Web Beacons do not carry any personal information and are only used to track usage of the Web Properties and activities associated with the Web Properties.

Unique Identifier: BKV Energy may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Web Properties and some of the electronic communications you receive from us.

Use of Collected Information. Information collected by BKV Energy is used for three main purposes:

To provide products and services to you or any third-party service provider who is obtaining services on your behalf or in connection with a transaction involving you.
To improve our products and services that we perform for you; to determine how to best provide services to you; and to improve our websites and applications to make them easier to use.
To communicate with you and to inform you about BKV Energy’s and third parties’ products and services.

When Information is Disclosed. We will not sell your information, but we may share or disclose your information with our affiliates, service providers, or other third parties that work with us as described below. For any purpose not specified in this Policy, we will provide specific notice or ask for your consent before we share your Personal Information.

Your information may be shared with third parties including vendors that support products or services provided to you or that perform services for us, including marketing on our behalf. We may share Browsing Information with third parties to demonstrate the usage patterns for BKV Energy’s advertisements, content, functionality promotions and/or services on the Web Properties and to provide us with analytics services in connection with the Web Properties. Such third parties are prohibited from using your information for any purpose other than to perform those services, and we require them to protect the confidentiality and security of any data they receive from us consistent with this Policy.

With your consent, we may share your information with third-parties, other than our affiliates, to market their products or services to you. For more information about the controls you have and to opt out of sharing your information, please contact us at: [email protected].

We may also share your information with other companies and entities, such as government agencies, credit bureaus and collection agencies, when permitted or required by law or in the good-faith belief that such disclosure is necessary. This may include:

(1) complying with court orders, subpoenas, lawful discovery requests and as otherwise authorized or required by law or regulation. In the normal course of business we may be required by law to provide information to government and law enforcement agencies, as well as parties to civil lawsuits;

(2) detecting and preventing fraud or other illegal or unauthorized activities;

(3) providing or obtaining payment for your service;

(4) performing required market transactions or facilitating the provision of electric delivery service;

(5) ensuring proper operation and security of technology;

(6) Notifying, responding, or providing information (including location information) to a responsible governmental entity in emergency circumstances or in situations involving immediate danger of death or serious physical injury

(7) enforcing this Privacy Policy;

(8) responding to claims that any materials, document, image, graphic, logo, design, audio, video or other information provided by you violates the rights of a third party; or

(9) protecting the legal rights, property or personal safety of BKV Energy, its users or the public, or defending against legal claims.

We maintain appropriate technical and organizational measures and safeguards to keep the Personal Information and Browsing Information that is disclosed to us secure. We may provide Personal Information and/or Browsing Information to our parent companies, subsidiaries, affiliates and other businesses or persons for the purposes of (1) processing such information on our behalf, (2) providing services to you and on your behalf, and (3) promoting our services and the services of our affiliates and trusted business partners as permitted by applicable privacy law. We require that these parties agree to process such information in compliance with our Privacy Policy or in a similar, industry-standard manner that complies with applicable privacy laws, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by a trusted business partner may be subject to that party’s own Privacy Policy.

We reserve the right to disclose Personal Information and/or Browsing Information to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Web Properties, and to protect the rights, property or personal safety of BKV Energy, our users or others. We reserve the right to transfer your Personal Information, Browsing Information, and any information about or from you, in connection with the merger, sale or other disposition of all or part of BKV Energy’s business and/or assets. We cannot make any representations regarding the use or transfer of your Personal Information, Browsing Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us.

How Long is Your Information Stored. To the extent permitted by applicable law and in accordance with the provisions of this Privacy Statement, we keep personal data for so long as (1) it is needed for the purpose for which we obtained it originally, or (2) we have another lawful basis for retaining it beyond the purpose for which it was originally obtained.

Choices with Your Information. Whether you submit Personal Information or Browsing Information to BKV Energy is entirely up to you. If you decide not to submit Personal Information or Browsing Information, BKV Energy may not be able to provide certain services to you.

How You May Control Your Information and Privacy Controls. Please contact us at: [email protected] to manage your privacy choices.

Communication Preferences. You may update your preferences to receive marketing offers and other information from us, however, even if you opt-out we may continue to contact you with service and account related information or other non-marketing communications.

Email: You can opt-out of marketing emails by following the unsubscribe links or instructions included in marketing email(s).
Text messages: You can opt-out of receiving text messages from us at any time by texting “STOP” to any message or updating your account settings in your customer portal.
Mobile applications: You may opt-out of receiving notifications through our mobile applications by either selecting the option to “not allow” on the notification prompt or disabling them through the Settings function on your mobile device.
Telemarketing: You may ask to be removed from our consumer telemarketing lists by contacting us at [email protected] or (855) 258-4797. You may add your information to the National Do Not Call Registry. For more information, go to donotcall.gov. Some states in the United States may also maintain their own Do Not Call Registry. Putting your number on these registries may limit telemarketing calls that you receive.
For the state of Texas, the Public Utility Commission of Texas (“PUCT”) has established two do-not-call lists. You can indicate to the PUC that you do not wish to receive telephone solicitations from providers of electric service regarding your choice of service provider by placing your name, address, and telephone number on the electric do-not-call list. You can indicate that you prefer not to receive any telephone solicitations by placing your name, address, and telephone number on the statewide do-not-call list. For more information or to register your name, address, and telephone number on the do-not-call lists you may use one of three different methods.

Online – texasnocall.com

By phone – call toll-free 888-309-0600

By mail – write to Texas No Call, 100 Summer Street Suite 800, Boston, MA 02110, or find a printable registration form at https://www.texasnocall.com/

Employment Opportunity Information. For individuals interested in job opportunities with BKV Energy, the Web Properties may allow prospective employees to request additional job opportunity information or submit a response to a job opportunity. The Web Properties may be used to collect Personal Information from prospective employees for human resources recruitment purposes. By submitting any of the foregoing information, you consent to its dissemination to, and use by, us and our affiliates. The foregoing also applies to job application inquiries that you may transmit to us other than through the Web Properties.

Information From Children. The Web Properties are not intended or designed to attract children under the age of thirteen (13). We do not collect personal information from any person that we know to be under the age of thirteen (13) unless in the connection with legal services and always with the requisite permission of that individual’s parent or guardian. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy. In any case, you affirm that you are over the age of 13, as THE WEB PROPERTIES ARE NOT INTENDED FOR CHILDREN UNDER 13 WHO ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents and legal guardians should be aware that this Privacy Policy will govern our use of Personal Information, but also that information that is voluntarily given by children – or others – in email exchanges, bulletin boards, or the like may be used by other parties to generate unsolicited communications. We encourage all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet.

Privacy Outside the Web Properties. The Web Properties may contain various links to other websites, including links to various third-party service providers. BKV Energy is not and cannot be responsible for the privacy practices or the content of any of those other websites. Please check with those websites in order to determine their privacy policies and your rights under them.

Information Security. We make every effort to ensure that information collected through the Web Properties is not lost, misused or altered inappropriately by administering security measures. However, all information transferred over the Internet can potentially be accessed by unauthorized parties; therefore, BKV Energy cannot guarantee the security of your data transmitted to the Web Properties.

Your California Privacy Rights. Under California’s “Shine the Light” law, California residents who provide certain personal information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To obtain this information on behalf of BKV Energy, please send an email message to [email protected] with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

Access and Correction. You can review and change your Personal Information by emailing us at [email protected].

Subject to applicable law, you may have rights to request access, correct, or delete your Personal Information, or to object to certain processing of your Personal Information. If you have such rights under applicable law, you may send us requests to exercise those rights by email at [email protected].

In some circumstances we may not be able to permanently delete your Personal Information without also deleting your account, which may require cancellation of products or services that we provide to you, the cancellation of which may subject you to an early termination fee. We also may not be permitted to accommodate a request to change or delete Personal Information if doing so would violate any law, legal requirement or rights of another person, or cause the information to be incorrect.

When making a lawful access, correction, deletion, or other request, we may require additional information from you or take other steps to verify your identity and your right to access the Personal Information we hold about you. This is done to protect your privacy and maintain security. We may charge you a reasonable fee in instances that require a disproportionate effort, but we will advise you of any fee in advance. We may decline to process requests that are frivolous or unreasonably repetitive or burdensome, risk the privacy or impact the rights of others, or are extremely impractical.

Your Consent to this Privacy Policy. By submitting Personal Information and/or Browsing Information to BKV Energy, you consent to the collection and use of information by us as specified above or as we otherwise see fit unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Policy, we will make an effort to post those changes on this web page. Each time you provide information to us, or we receive information from you, following any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you.

Contacts and Questions. If you have additional questions or comments or would like to access your recorded Personal Information, or to exercise your rights herein, please let us know by email or by sending your comments or requests to: