(Revised and Effective – June 28, 2018)
This Privacy Notice describes, among other things: (i) the types of information we collect from you when you use the Berkshire Gas website, www.berkshiregas.com (the “Site”); (ii) how we use the information we collect through the Site; and (iii) with whom and why we share it.
By accessing and continuing to use the Site, you accept the Privacy Notice in its entirety and without modification and consent to our collection, use and sharing of the information as described herein, including information collected before the Revised and Effective date noted above. If you do not agree with this Privacy Notice, please do not use the Site.
Information for Users of ancillary products and services. If you register for and use our ancillary products and services, our collection and use of your information via those products and services may be subject to separate or additional terms & conditions.
What Information Do We Collect?
We collect information in two ways: (1) directly from you when you provide it to us using the Site; and (ii) automatically through use of technology as you navigate and use the Site.
Information You Provide Us
We collect a variety of information that you provide to us when accessing and using the Site. Such information may include your name, account number, email address, phone number, address and payment information. For example, to enable you to make a payment, register for automatic payment or sign up for a payment plan, you may provide us with your name, account number, email address, bank account and routing numbers, address, phone number and bank name.
We also enable you to contact us via email. We do not, however, control the information you provide to us via email and cannot guarantee such information will be kept confidential. As a result, please do not submit any personal information or other information that you deem to be confidential or sensitive via email.
Information Collected Through Technology
Using automated means, such as cookies and web beacons, we may collect certain information from you as you are using the Site. The information we collect in this manner may include IP address, browser type, device type, operating system, page views, referring URLs, destination URLs, click-stream data, HTTP protocol elements, search terms, HTTP cookies, dates and times of site visits and other information. A cookie is a text file that websites send to a user’s computer or other Internet-connected device to uniquely identify the device and browser or to store information or settings in a browser. A web beacon, also known as an Internet tag or pixel tag, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.
Most web browsers automatically accept cookies, but browser settings can be changed to prevent certain cookies from collecting information. Disabling cookies does not necessarily disable the use of all cookies, pixel tags, web beacons and other technologies that collect information.
How Do We Use the Information We Collect?
We use the information you provide to us through the Site, including any personal information, in several different ways, including:
- Responding to and communicating with you about your questions and comments
- Provide you with services you are requesting, including, facilitating payments, sending you publications and managing your account
- Operating, evaluating and improving our Site and services
- Performing data analyses (including data analyses performed by third parties for research and energy saving initiatives)
- Complying with applicable legal requirements, relevant industry standards and our policies
- Complying with legal process or orders from regulatory agencies and responding to government, judicial or regulatory requests
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
- In connection with special programs such as low-income assistance, energy-efficiency improvements or energy management
- For any other purpose disclosed by us when you provide the information
- For other business purposes
Who Do We Share Information With?
We do not sell or otherwise disclose personal information we collect to unrelated third parties, except as described in this Privacy Notice or otherwise disclosed when the information is collected. We share information we collect, including any personal information, with affiliates and with third party service providers who assist us in connection with operating our business and maintaining and improving the Site and our services, to the extent we reasonably believe it complies with any legal or regulatory requirements (where applicable), as well as in connection with special programs such as low-income assistance, energy-efficiency improvements or energy management.
Third Party Services
Compliance with Law and Safety
We may disclose the information we collect, including any personal information, if we reasonably believe we are required to do so by law, regulation or other government authority, to comply with any court order, or legal process, including to respond to any government or regulatory request, or to protect the rights and property of us or the public. We may also cooperate with law enforcement and regulatory agencies in any official investigation and we may disclose information to the relevant agency in doing so.
Aggregate Information; Information that Does Not Identify Any Individual
Notwithstanding anything else in this Privacy Notice, we may use, share and disclose aggregate and statistical information (i.e., non-personal information), and information that does not identify a specific individual, for any lawful purpose, without restriction.
We may share information, including personal information, in connection with any corporate transaction, including any merger, consolidation, restructuring, the sale of stock and/or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or other corporate change or financing transaction, including, during the course of any due diligence process or otherwise.
The Site is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If we become aware that a child under the age of 13 has submitted personal information or is attempting to do so without verification of parental consent, we will notify the child that he or she is not eligible to submit information to us, and we will delete any personal information from our records.
Third Party Websites
Our Site may link to third party sites. We do not control and are not responsible for the privacy policies and practices of these third parties. As a result, we recommend that you carefully review any applicable third party privacy practices because they may differ from our own. Any link to a third party website does not constitute an endorsement by Berkshire Gas.
We have implemented measures designed to secure your information from accidental loss and from unauthorized access, use and disclosure. However, the transmission of information via the Internet and any system of safeguards are never completely secure. We cannot guarantee the security of your information transmitted to our Site and any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
Changes in Privacy Notice
From time to time we may update this Privacy Notice. You should visit this page periodically to review any such changes to the Privacy Notice. Your continued use of the Site will be subject to the terms of the then-current Privacy Notice.
This Privacy Notice and your use of the Site will be governed by and construed in accordance with the laws of the state of Massachusetts, without giving effect to its conflicts of law provisions. By accessing or using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Massachusetts. A printed version of this Privacy Notice will be admissible in judicial and administrative proceedings based upon or relating to this Privacy Notice to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In the event that any provision of this Privacy Notice conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible our original intentions, and the remainder of this Privacy Notice will remain in full force and effect. Any failure by us to insist upon or enforce strict performance of any provision of the Privacy Notice or to exercise any right under the Privacy Notice will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
If you have questions or comments about Berkshire Gas's Internet policies, you can contact us at: https://www.berkshiregas.com/wps/portal/bgc/networksfooter/support/contact%20us.The general corporate phone number is 413.442.1511. Our address is Berkshire Gas, 115 Cheshire Road, Pittsfield, MA 01201.