Privacy Policy and Terms of Use

PLEASE READ THIS PRIVACY POLICY AND TERMS OF USE BEFORE USING THIS SITE.

Privacy Policy and Terms of Use

Texpo Power, LP d/b/a Southwest Power & Light ("Southwest") understands that you care how information about you is used and shared, and we appreciate your trust in our efforts to do so carefully and reasonably. This Privacy Policy and Terms of Use ("Privacy Policy") describes how we handle personal information you provide to us through www.southwestpl.com and its affiliated urls (the "Site"). Except as otherwise provided in this Privacy Policy, Southwest does not collect personal information without an individual voluntarily and knowingly providing personal information to us. By using our site or accepting the Privacy Policy and the Online Account Management Service Terms and Conditions Agreement, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

IF YOU DO NOT AGREE TO THE PRIVACY POLICY, PLEASE DO NOT USE THIS SITE AND LEAVE THE SITE NOW.

Collection

You can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on the servers that we use.

We may collect and store the following personal information:

• Email address, physical contact information, meter number, account numbers and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
• Transactional information based on your activities on the Site (such as paying your bill);
• Correspondence through the Site and/or correspondence sent to us;
• Computer sign‐on data, statistics on page views, traffic to and from the Site, ad data, and other information including IP address and standard web log information; and
• Supplemental information from third parties. For example, if you are attempting to pay your bill on‐line, and the information you provide cannot be verified, we may utilize a third‐party verification organization to verify your identity for your protection. Or, we may ask you to send us additional information (such as the last four digits of your social security number, driver’s license number, mother's maiden name, a recent invoice or other information confirming your name, address, telephone number, account numbers and/or meter number), or to answer additional questions online to help verify your information. In addition, we may share information with service providers or other business affiliates with whom we conduct business to provide you with information about your service, new products or services, special offers, discounts, or other information that may be of interest to you.

Note: We do not knowingly collect information from children under 18 years old.

Marketing

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies (such as demographic data) to improve or personalize our services, and we may use such information to inform you of Southwest services which may interest you. If you don't wish to receive marketing communications from us, simply indicate your preference once you sign‐in on the Site.

Use of Information

Our primary purpose in collecting personal information is to provide you and our customers with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

• Provide the services and customer support you request;
• Resolve disputes, collect fees, and troubleshoot problems;
• Prevent potentially prohibited or illegal activities, and enforce our Terms of Use Agreement;
• Customize, measure, and improve our services and the Site’s content and layout;
• Tell you about targeted marketing, service updates, and promotional offers based on your communication preferences, and compare information for accuracy, and verify it with third parties; and
• Work with and disclose info to our third‐party vendors, who are under confidentiality obligations, solely to provide you with our services, enhance your customer experience, and fulfill your requests.

Disclosure of Your Information

We may disclose personal information to respond to legal requirements, enforce our policies, and respond to claims that content on the Site violates the rights of others, or protect anyone’s rights, property, or safety.

We may also share your personal information with:

• Southwest affiliates and successors (and parties who acquire the assets or control of (or merge with) Southwest) who are engaged to perform service or functions for Southwest and Southwest customers;
• Your local transmission and distribution utility company (collectively, "TDU"), pursuant to the TDU's commission‐approved tariffs or regulations;
• A consumer reporting agency as defined by the Federal Trade Commission;
• An energy assistance agency to allow a customer or applicant to qualify for and obtain other financial assistance provided by the agency; and
• The office of the Public Utility Counsel, upon request pursuant to PURA §39.101(d) or such applicable governing body and law as it relates to the oversight of retail energy services in your area.

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Access, Reviewing and Changing Your Personal Information

You may review and/or update your personal information at any time. If your personal information has changed or is inaccurate, please contact Southwest by email at customer.care@southwestpl.com so that we may update your records as soon as is reasonably possible. We do retain historic personal information to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use Agreement, and take other actions otherwise permitted by law.

Security

Your information is stored on our servers and servers of data and service providers. We treat data as an asset that must be protected and use several tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. We also require our employees and affiliated service providers to refrain from disclosing your personal information to unauthorized third parties. However, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site. Therefore, although we work hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. Further, although Southwest uses software to ensure the wellness and safety of the Site, we do not warranty that the Site or our digital correspondence with customers is free from harmful elements. Due to the rapid evolution of computer viruses and other internet issues, we strongly recommend that you use anti‐virus software when accessing this Site.

Cookies

We use "cookies" (small files placed on your hard drive) on certain pages of the Site to help analyze our web page flow, customize our services, measure promotional effectiveness, and promote trust and safety.

A few important things you should know about cookies are that:

• We offer certain features that are only available using cookies;
• We use cookies to help identify you and maintain your signed‐in status;
• Most cookies are "session cookies" meaning that they are automatically deleted from your hard drive at the end of the session;
• You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of the Site; and
• You may encounter cookies from third parties on certain pages of the Site that we do not control.

When you surf the Internet, your Internet browser (such as Mozilla Firefox or Microsoft Internet Explorer) may automatically transmit some information to Southwest when you access content on Southwest site. Examples of such information include the URL of the Web page you were just on (known as the "Refer"), the IP (or Internet Protocol) address of the computer you are using, or the browser version you are using to access our site. All such information is collected by Southwest and is used to help improve our offerings to you. Southwest does not accept any responsibility for any third party creating cookies in your system. Cookies may be part of the technology implemented by your Web browser.

Account Protection

Your Southwest customer password is the key to accessing your online account. Use unique numbers, letters, and special characters and do not disclose your Southwest customer password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Southwest and change your password.

General Provisions

IF YOU DO NOT AGREE TO THE PRIVACY POLICY, PLEASE DO NOT USE THIS SITE AND LEAVE THE SITE NOW.

Information Use and Copyright

All information and content ("materials") on this site and any intellectual property rights embodied therein are the property of Southwest or its information providers. Unless otherwise stated herein, none of the materials on this site may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of Southwest or the original copyright holder. You may display and print materials available on this site solely for your personal, non‐commercial use, if you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Unauthorized use of materials contained on this site is expressly prohibited by law, and may result in severe civil and criminal penalties.

The materials specified above do not include the design and layout of the site. Elements of this site are protected by trade dress and other laws and may not be copied or imitated, in whole or in part. No logo, graphic, sound or image from this site may be copied or retransmitted unless expressly permitted by Southwest. Southwest or its suppliers may provide software for download on the site. Use of software provided on the site is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software. You may not install or use any software that contains an end user license agreement unless you first agree to the terms of the end user license agreement.

Limitation of Liability

Although Southwest attempts to ensure that all material on this site is correct, accuracy cannot be guaranteed. Southwest makes no representations or warranties as to the accuracy or completeness of the information contained in this site, results obtained from the use of this site, or interruptions in the availability of this site. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. EVEN IF SOUTHWEST HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, SOUTHWEST AND/OR ITS SUPPLIERS DISCLAIM ALL RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING FROM OR BECAUSE OF INACCURACIES OR OMISSIONS IN THE INFORMATION CONTAINED ON THIS SITE, OR IN ANY SITE LINKED TO OR FROM THIS SITE. SOUTHWEST AND/OR ITS SUPPLIERS FURTHER DISCLAIM ANY LIABILITY ARISING FROM THE USE OF ANY MATERIALS ON THIS SITE, INCLUDING ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY OR LOSS OF DATA ARISING FROM ANY USE OF THE MATERIALS OR THIS SITE. Some states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

Right to Modify

Southwest reserves the right to modify the information contained on this site or the Privacy Policy at any time without notice. You are responsible for reviewing the Privacy Policy on this site. Accessing this site after any changes to the Privacy Policy have been posted thereon will constitute your acceptance of all such changes. You have the right to accept or reject any changes in the Privacy Policy. If you reject any changes in the Privacy Policy, please discontinue use of the site immediately. Unless specifically stated otherwise, any new features, products or services added to the site shall be subject to the Privacy Policy. Some new products or features may require your acceptance of new or additional terms before use.

Intellectual Property

The trademarks, service marks, and logos (collectively, "Marks") used and displayed on this site are registered and unregistered marks of Southwest and others. Nothing on this site should be construed as granting, by estoppel, implication, or otherwise, any license or right to use any Mark. Southwest aggressively enforces its intellectual property rights to the fullest extent of the law. Southwest's Marks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without our prior, written permission.

Links to Third Party Sites

This site contains links to other sites. Southwest is not responsible for the content of such sites including any changes or updates that are made to the linked site or the accuracy or completeness of the information provided on those sites. Southwest provides the links as a convenience to you and the existence of the links on this site does not imply that Southwest approves of or is affiliated with the linked organization or company, or its products or services, or that the linked organization or company approves of or is affiliated with Southwest. Southwest does not vouch for those persons, companies, or other organizations whose goods or services may be accessed or displayed through or on the site.

Submitted Information

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Southwest by you through this site, including but not limited to intellectual property related thereto, will be treated as non‐confidential and non‐proprietary and Southwest may, without compensation, copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. Southwest is under no obligation to post or use any submission you may provide, and Southwest may remove any submission at any time in its sole discretion. Regardless of the foregoing, all personal data provided to Southwest will be handled in accordance with this Privacy Policy. You are prohibited from posting or transmitting to or from this site any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.

Southwest's Right to Prohibit Access

Southwest may restrict, suspend or terminate your access to the Site and/or any of the services on the Site, including interactive services, if we have any reason to believe that you have breached the Privacy Policy. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you with respect to your breach of the Privacy Policy. We may also remove the Site or any sections or features of the Site at any time.

Notice To California Users

Pursuant to our responsibilities under the California Consumer Privacy Act of 2018 ("CCPA"), the below information describes the categories of personal information that we have collected.

The following personal information was collected through your use and input of data onto our site:

• Identification data, such as your name, email address, birthday, profile name, IP addresses, device IDs, mobile advertising IDs, anonymous Southwest user IDs, and other similar identifiers;
• Payment and financial information you provided for services;
• Your online activity data, including browsing and search history;
• IP address location data;

Such personal information indicated above may be used by Southwest for a range of business purposes, including:

• Operating and maintaining your account;
• Marketing our services;
• Analysis of data in the normal course of our business, including quality assurance measures;
• Fraud detection and prevention;
• Compliance with law or exercise or defend legal claims;

Under the CCPA, the disclosure of personal information to our advertising partners to provide you with personalized ads may constitute a "sale" in some instances. The personal information disclosed is limited to the following:

• IP address and device ID

We do not otherwise "sell" personal information.

Exercising Your California Privacy Rights

CCPA affords you the following rights. You must verify your identity before Southwest takes any further action for a request.

• Right to Access: You have the right to know and access what data we have collected about you over the past 12 months.
• Right to Delete: Southwest shall delete your personal information upon your verified request.
• Right to Opt Out: You have the right to opt-out of any future "sale" of personal information.
• Other Rights: You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.

Miscellaneous

The Privacy Policy shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof. The courts sitting in the state of Texas, federal and state shall have exclusive jurisdiction over any dispute arising hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Southwest because of this agreement or use of the site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If your questions are not answered online, you may also contact us by calling 866.941.7975. Southwest is an authorized business name of Texpo Power, LP. All rights reserved. Any terms and conditions proposed by you which are in addition to or which conflict with the Privacy Policy are expressly rejected by Southwest and shall be of no force or effect.

Version: SOUTHWESTTX-Privacy Policy- 01.27.20

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