Privacy Notice - B2C

What does this Privacy Notice cover?

This Privacy Notice provides information regarding the processing of your personal information (also referred to as “personal data”) when using services and/or purchasing products from or on behalf of Pulse Power, LLC (“Energy To Go”), with the parent company MP2 Energy (“MP2”) and ultimately our group company Shell plc (“Shell” or “Shell Group”) whether as:

(i)               a customer;

(ii)              a member of a loyalty program operated by Energy To Go or a loyalty program owned and operated by a third party but in which Energy To Go participates (collectively, “Loyalty Program”);

(iii)            a visitor to a Energy To Go website (“Website” or “Energy To Go Website”); or

(iv)            as a participant in a sweepstake, contest, promotion or competition offered by Energy To Go, either alone or with a third party/ies (“Promotion”).

If you choose to create a Energy To Go user account, a personal profile will be created for you to use and navigate across these Energy To Go services.

If you would like to receive this Privacy Notice in an alternative format (for example, in larger print) please contact us using the information listed under ‘ABC’’ 

This Privacy Notice explains what personal information are processed about you; why we are processing your personal information and for which purposes; for how long we hold your personal information for; how to access and update your personal information, as well as the options you have regarding your personal information and where to go for further information.

Energy To Go does not knowingly sell or share your personal information for cross-context behavioral advertising and/or for targeted advertising purposes. 

Special Notice: Processing children’s personal information (if you are under 13 years old): Except in those cases where Energy To Go organizes educational events specifically designed for children, we do not intentionally collect personal information of individuals under 13 years old. If you are under 13 years please do not send us your personal information for example, your name, address and email address. If you wish to contact Energy To Go in a way which requires you to submit your personal information (such as for education or innovation events), please get your parent or guardian to do so on your behalf. 

What categories of personal information and from what source do we collect your personal information?

We collect information, including personal information about you, as a Energy To Go customer, member of a Loyalty Program, and/or visitor to a Energy To Go Website or Energy To Go administered social media page  (“Energy To Go Social Media Page”). This information may be any of the following:

• Information that you provide to us - When creating a Energy To Go account profile, we will ask for your name, contact information and email address . If you decide to use our services or purchase our products, you may be asked to provide further personal information necessary for the performance of such services and/or authentication such as date of birth (if collected), communications preferences and mobile number. If you choose to enter a Promotion we will gather information necessary to allow you to participate and to award you with any reward if confirmed, and to provide you marketing offers if you have agreed to receive these as part of your participation in a Promotion.
  

• Information that we obtain through your purchase or use of Energy To Go services and products - We will also collect information about how and where you use or purchase Energy To Go services and products. Such information may include electronic device information, IP addresses, log information, browser type and preferences, location information, online identifiers to enable ‘cookies’ and similar technologies. Your purchase history includes information regarding (i) specific products you buy, (ii) the total amount of your purchases per transaction, (iii) the time and place of the purchases you make, (iv) the payment method you use, including payment methods, or (v) whether you are a member of a Loyalty Program.

• If you are a member of a Loyalty Program - In addition to the information referred to above we will receive information about your participation in the Loyalty Programs;        

Information gathered through social media pages - When you communicate with us through a Energy To Go Social Media Pages (for example, when you comment on, share or react to a post, upload media, send a personal message or subscribe to a Shell Social Media Page), we may receive personal information about you such as your user name, profile picture, hometown, email address and gender. We will use any personal information received from social media in accordance with this Privacy Notice.

Shell view of the customer

With the aim of ensuring you have a seamless experience with the Shell group, and depending upon the nature of your engagement with Shell, we combine information gathered from the sources referred to above to create a personal profile of you. This enables you to interact with different Shell companies more easily and ensures we have the most up to date information about you in order to better develop services and products and to tailor offers relevant to your specific interests.

Please note however, you have the ability to control how Shell uses this information. You can opt out of having your personal data combined in this way - Please see the section below

Why do we process your personal information?

The personal information covered by this Privacy Notice are only processed:

• with your explicit consent, including opt-in consent to process sensitive personal information where local law applies;
• where it is necessary to conclude a transaction with you (such as payment or loyalty information);
• where it is necessary for the purposes of the legitimate interests pursued by the relevant Shell company/companies;
• for the legitimate interests of Energy To Go, such as for marketing and promotional purposes, for providing you with offers tailored to your preferences, for the purposes of detecting and investigating fraud, and/or responding to security threats; or.
• where it is necessary for Energy To Go to comply with a legal obligation.

Where the processing is based on consent, you have the right to withdraw your consent at any time. This will not affect the validity of the processing prior to the withdrawal of consent.

What are the consequences of not providing your personal information?

Where you choose not to provide us with information set out above for the purposes of participating in the Loyalty Program it will affect your ability to fully interact with the Loyalty Program.

Who is responsible for any personal information collected?

Energy To Go, whose registered address is 909 Fannin, Suite 3500, Houston, TX 77010 will be responsible for processing your personal data, either solely or jointly with its affiliates within the Shell Group of companies.

For what purposes do we process your personal information?

We process your personal information to:

• provide our products and deliver our services to you;
• enable you to participate in the Loyalty Program;
• manage relationships and for marketing such as maintaining and promoting contact with you;
• account management including account verification (that is, ensuring that only you or someone you have authorized can access your account and information);
• customer service and development of our products and services;
• performance of and analysis of market surveys and marketing strategies;
• promotions and contests offered to Shell customers, including offering you digital rewards to recognise you as a valued customer; or
• detecting or preventing fraud to purchase Energy To Go products (if available in your market);

 or for a secondary purpose where it is closely related, such as:

• storing, deleting or anonymizing your personal information;
• audits, investigations, dispute resolution or insurance purposes, litigation or defense of claims;
• statistical, historical, marketing, or scientific research; or
• legal and/or regulatory compliance.

Communication and marketing - your choices

If you have consented to receive communications from Energy To Go, participate in a Loyalty Program, or if you have previously purchased similar goods and/or services from us or used a Energy To Go App, you may receive offers that are tailored towards your preferences based on the information gathered about you from the various sources described above in order to provide you with better products and increasingly tailored services.

We may also send you service updates and notifications where such updates and/or notifications are necessary for the proper functioning of the Energy To Go services that you use or allowed by applicable law.

You may receive pertinent offers and communications by different channels and you may update your subscription preferences via your personal profile settings anytime or use the unsubscribe functionality for the different digital channels.

Transaction security and preventing, detecting and investigating fraud 

When you purchase Energy To Go products (if available in your market), you may be asked to provide additional personal details to complete the transaction. We may use the personal data you provide to prevent, detect and investigate fraud and to enforce the terms and conditions of the payment application.

Who will we share or disclose your personal information to, including to affiliates and third parties?

Your personal information will only be shared and/or disclosed as needed for legitimate business purposes with:

• Other companies within the Shell group of companies, including to those which may be located outside of your location;                               
• Service providers, contractors or sub-contractors, authorized agents, professional advisors, and external auditors, including, without limitation, those third parties involved in Loyalty Programs;
• Authorized third party companies in cooperation with Energy To Go that may supply products and/or services to users of a Loyalty Program.
• A competent public authority, government, regulatory, supervisory, investigative or fiscal agency where it is necessary to comply with a legal or regulatory obligation to which the relevant Energy To Go company is subject to or as permitted by applicable law;
• Any person to whom Energy To Go proposes to transfer any of its rights and/or duties; or
• As necessary or appropriate to enforce our terms and conditions, and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.

 Sharing  or disclosing your personal information  

Where your personal information has been shared or disclosed with companies within the Shell group,  with authorized service providers or with third parties for business purposes (including those  located outside the USA), we take organizational and contractual  measures to ensure that your personal information is processed for the purposes mentioned above and that adequate levels of protection have been implemented to safeguard your personal information. These measures include contractual obligations imposed on contracting parties preventing the sale of your personal information and Binding Corporate Rules for sharing among the Shell Group. You can find a copy of the Binding Corporate Rules at https://www.shell.us/privacy.html or by contacting privacy-office-SI@shell.com.    

Interacting with Energy To Go through social media 

If you choose to interact with Energy To Go through social media on a Energy To Go Social Media Page such as Facebook, Instagram, Twitter or LinkedIn, your personal information (such as your name, your profile picture and the fact that you are interested in Energy To Go) will be visible to all visitors of your personal webpage depending on your privacy settings on the relevant social media platform, and will also be visible to Energy To Go. You can delete any information that you share on these sites at any time through your relevant social media platform’s account. Energy To Go does not track your activity across the different social media sites that you use. If you send a message to Energy To Go via any messenger service on a social media platform, these messages are held for no longer than one month after receipt.  Please contact Pulse Power if you wish to make a request that you are unable to action yourself and which relates to a Energy To Go Social Media Page - see the section below.

Additionally, and to the extent Energy To Go is jointly responsible with a social media platform of a Energy To Go Social Media Page, Energy To Go will have access through the social media platform to aggregated information providing statistics and insights that help to understand the types of actions you take on Energy To Go Social Media Pages. For more information on how your personal information are processed on those social media platforms, including any targeted advertising that you may receive, please refer to your privacy settings accessible through your relevant social media platform’s account.

How long do we hold your personal information for?

Personal information covered this Privacy Notice will be deleted or rendered anonymous (such that it will no longer be possible to identify you):

(1)   every 5 years where you remain a customer during this period;

(2)   without undue delay upon you requesting that your personal information controlled by Shell be deleted ; or

(3)   after 3 years for all subscribed services from our last interaction with you (that is where you have not used our services for 3 years). 

In relation to financial transactions, your personal information will be held for 10 years from the transaction. 

In all cases, information may be held for (a) a longer period of time where there is a legal or regulatory reason to do so (in which case it will be deleted once no longer required for the legal or regulatory purpose) or (b) a shorter period where the individual objects to the processing of their personal information and there is no longer a legitimate business purpose to retain it.

Your rights in relation to your personal information

We aim to keep our information as accurate as possible. Any US resident, regardless of state of residency, can request the following:

• access to your personal information, including access to specific pieces of personal information where local law applies;
• correction or deletion of your personal information (but only where it is no longer required for a legitimate business purpose such as completing a retail transaction);
  • restriction and objection to the processing of your personal information under certain circumstances and where local law applies;
• limit to the collection and use of your personal information, including sensitive personal information, for unrelated purposes where local law applies;
• opt-out from the collection and use and/or to limit the disclosure or use of your personal information, including sensitive personal information if collected and where local law applies;
• to no longer receive marketing communications from Energy To Go; and/or
• to receive personal information that you have provided to Energy To Go, in a structured, digital form to be transmitted to another party, if this is technically feasible.
• opt-out from the sale or sharing of your personal information, including for cross-context behavioral advertising or for targeted advertising, if sold or shared and where local law applies;

How to exercise your rights

To exercise any of your rights listed above,  please go to your Energy To Go account profile or submit a verifiable request to us by either calling us using a toll free number or emailing us:

The request must:

•  provide sufficient information for us to be able to verify you are the person whose personal information we hold or are an authorized representative of that person; and

• describe your request in enough detail so that we can properly locate the personal information the request relates to.

We cannot respond to your request unless we can verify your identity or authority to make the request.  If possible, this can be done by making the request via your password protected account.  If not, we will aim to verify your identity based on personal information we already hold about you.  If we need to request further information from you in order to verify your identity we will only use that personal information for the purposes of identifying you or that you have authorized the request.

You may be entitled, in accordance with applicable local law, to submit a request through an authorized agent. To designate an authorized agent to exercise your rights and choices on your behalf, please provide your authorized agent with signed, written permission demonstrating that they have been authorized by you to act on your behalf.

 Who can you contact if you have a question, concern or complaint about your personal information?

If you have any issues, questions, or complaints regarding the processing of your personal information, please contact us at emails provided under ‘How to exercise your rights’. You may also contact the Shell Group Chief Privacy Office at Shell International B.V. The Hague, The Netherlands - Trade Register No. 27155369 Correspondence: PO Box 162, 2501 AN, The Hague, privacy-office-SI@shell.com.

Without prejudice to any additional rights you may have in line with local law, if you are unsatisfied with the handling of your personal information by Energy To Go then you can lodge a complaint with the Dutch Data Protection Authority as the lead supervisory authority for the Shell group of companies whose address is Prins Clauslaan 60, 2595 AJ The Hague, Netherlands. Please visit https://autoriteitpersoonsgegevens.nl/en for more information.

Cookies and similar technologies

Energy To Go uses cookies and similar technologies that collect and store information when you visit a Energy To Go Website.. This is to enable Energy To Go to identify your internet browser and collect information on your use of our website, which pages you visit, the duration of your visits and identify these when you return so that we improve your experience when visiting our website(s). You can control and manage your cookies preferences by adjusting your browser settings or using the Energy To Go cookies preference tool on Energy To Go Websites – for more information, please refer to the Energy To Go Cookie Policy.

Security of your personal information

We have implemented technology and policies with the objective of protecting your privacy from unauthorized access and improper use. In particular, we may use encryption for some of our services, we apply authentication and verification process for access to Energy To Go services, and we regularly test, assess and evaluate the effectiveness of our security measures.

Consumers in various US states

For the avoidance of doubt, these provisions apply to all consumers whose personal information is processed by Energy To Go companies in the United States of America regardless of state of residency.  Furthermore, Energy To Go will ensure that when it collects or processes your personal information, such collection or use will be done so under applicable state data protection laws, where such laws govern and apply. These rights are without prejudice to any additional rights you may have in line with other local laws.

For California and Virginia consumers, as stated above, we do not sell or share  your personal information for cross-context behavioral advertising or targeted advertising purposes.  In relation to your rights, please see the section above entitled Your rights in relation to your personal information.

We do not and will not discriminate against you for exercising any of your rights explained in this Privacy Notice regardless of whether or not the California Consumer Privacy Act/California Privacy Rights Act or other applicable local law applies to you, including:

• denying you access to goods and/or services;
• charging you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties;
• providing you a different level of goods and/or services;
• suggesting you may receive a different price or rate for goods and/or services or a different level of quality of goods and/or services. 

However, you have the the ability to participate in Loyalty Programs which allow you to earn and redeem rewards and which require you to provide your personal information as described above in order to do so.  We consider the discounts earned by you through participating in Loyalty Programs reasonably related to the value of your personal information.  Note that you are provided with the material terms of the Loyalty Program when you join, and are asked to provide your opt-in consent to participate, which  you can withdraw at any time.

Changes to this Privacy Notice

We reserve the right to update this Privacy Notice  periodically and without notice, for example, when a new category of personal information is collected and used and upon changes/enactment of data protection and privacy laws. You are advised to regularly review this Privacy Notice for possible changes. For significant or material changes to this Privacy Notice, we will prominently post such changes on this page and update the revision date to provide awareness. This Privacy Notice was last updated in November 2023.