LAST UPDATED: May 7, 2025

Introduction

Five States Energy Company, L.L.C. and its affiliates and subsidiaries (“Five States”, “we”, “us”, or “our”) respect your privacy and are committed to protecting it through our compliance with this privacy policy.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.fivestates.com/ (our “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Please see Changes to Our Privacy Policy (below) to learn more.

When This Privacy Policy Applies

This Privacy Policy applies to information we collect:

  • on this Site; or
  • in email, text, and other electronic messages between you and this Site.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by Five States or any third party; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Site, including information:

  • by which you may be personally identified, such as name, e-mail address, telephone number or any other identifier by which you may be contacted online or offline (“personal information”);
  • that is about you but individually does not identify you; or
  • about your internet connection, the equipment you use to access our Site and usage details.

We collect this information:

  • directly from you when you provide it to us; or
  • automatically as you navigate through the site, including usage details, IP addresses, and information collected through cookies.

Information You Provide to Us

The information we collect on or through our Site may include:

  • information that you provide by filling in forms on our Site
  • records and copies of your correspondence (including email addresses), if you contact us.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site; or
  • information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and does not include personal information. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

  • estimate our audience size and usage patterns; or
  • recognize you when you return to our Site.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.

Third-Party Use of Cookies

The Site uses Google Analytics, which uses cookies or other tracking technologies to help us analyze how users interact with and use the Site, compile reports on activity, and provide other services related to activity and usage. Google Analytics may collect information such as your IP address, time of visit, whether you are a return visitor, and referring website. To learn more about how Google Analytics collects and processes data, you may visit http://www.google.com/policies/privacy/partners.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • to present our Site and its contents to you;
  • to provide you with information that you request from us;
  • to fulfill any other purpose for which you provide it;
  • to notify you about changes to our Site;
  • in any other way we may describe when you provide the information; or
  • for any other purpose with your consent.

Disclosure of Your Information

We may disclose information that we collect or you provide as described in this Privacy Policy:

  • to our subsidiaries and affiliates;
  • to a buyer or other successor in anticipation of or in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Five States’ assets, whether as a going concern or as part of bankruptcy, liquidation, or a similar proceeding, in which information held by Five States about our Site users is among the assets transferred;
  • to fulfill the purpose for which you provide it. For example, if you give us an email address to receive investor information, we will transmit the contents of that email and your email address to the recipients;
  • for any other purpose disclosed by us when you provide the information; or
  • with your consent.

We may also disclose your information:

  • to comply with any court order, law, or legal process, including responding to any government or regulatory request;
  • to enforce other agreements, including for billing and collection purposes;
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Five States, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or may not function properly.

Social Media

Like many organizations, Five States has a presence on various social media platforms (e.g., LinkedIn). If you contact us on a social media platform using a direct message tool therein, we may respond to you in the same manner. Any use of a social media platform is also subject to the policies and terms of the relevant social media platform, and Five States has no control over such platform’s use of your information. Certain social media platforms may also automatically provide us with personal information, and the information we receive will depend on the terms that govern your use of the social media platform and any applicable privacy settings. Our Site may include social media features and widgets (e.g., the “LinkedIn Like” or “Repost” buttons on LinkedIn) or interactive mini-programs that run on our Site. These features may collect IP addresses and which webpage you are accessing on our Site and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly by us on our Site.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Site.

Children Under the Age of 18

Our Site is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Site. We do not specifically market to or knowingly collect information from children under 18. If you are under 18, do not use or provide any information on this Site or on or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information (as defined by the Children’s Online Privacy Protection Act) from a child under 18 without verification of parental consent, we will take reasonable steps to delete that information. If you believe we might have any information from or about a child under 18, please contact us.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ information, we will notify you through a notice on the Site home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting our Site and this Privacy Policy to check for any changes.

Non-U.S. Users

If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using these websites, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with our websites in the federal and state courts of, and in accordance with the laws of, the state of Texas.

Additional Detail for Residents of California and Other Applicable States

The California Consumer Privacy Act (“CCPA”) provides certain rights to residents of California. Other states’ laws (upon becoming effective) provide similar (though not identical) rights to their own residents (“Other Applicable States”), including residents of Colorado, Connecticut, Utah and Virginia.  This section supplements the information, disclosures and procedures provided by the Privacy Policy for residents of California and Other Applicable States.

Depending on how you interact with our Site and any other engagement or interaction that you may have with or through Five States, we may collect the following categories of information from you, in addition to any information we may collect in connection with any transaction:

  • Identifiers, such as your name and contact information, IP address, and mobile device identifiers; and
  • Internet and Electronic Network Data, such as browsing history and use and interaction with our Site.

This information is used and disclosed for the various business and commercial purposes and to the categories of third parties described in the “How We Use Your Information” and “Disclosure of Your Information” sections of this Privacy Policy, above. We do not knowingly collect consumer information deemed “sensitive” under the CCPA, such as information that reveals race, religion, ethnicity, sexual orientation or information about specific medical conditions.

Your Privacy Rights and Choices.

As noted above, residents of certain U.S. states have particular privacy rights.  The scope and nature of these rights vary in each state, so we have sought to explain these rights in the most transparent and uniform terms, below.

Without being discriminated against for exercising these rights, California residents, as well as residents of the Other Applicable States, have the right to request that we disclose what personal information we collect from you, to delete that information, and to opt-out of the sale of your personal information, subject to certain restrictions.  If you are a resident of such a state, you also have the right to designate an agent to exercise these rights on your behalf (so long as your state of residence continues to recognize that right).

This section describes how to exercise those rights and our process for handling those requests.  (To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.)

We may withhold these rights to the extent that the law in your state of residence does not recognize or no longer recognizes these rights.

a. The right to access, correction and disclosure

You may have the right to request, twice during a twelve-month period, the following information about the personal information we have collected about you during the past 12 months:

  • the categories and specific pieces of personal information we have collected about you;
  • the categories of sources from which we collected the personal information;
  • the business or commercial purpose for which we collected or sold the personal information;
  • the categories of third parties with whom we shared the personal information; and
  • the categories of personal information that we sold or disclosed for a business purpose, and the categories of third parties to whom we sold or disclosed that information for a business purpose.

You also may request correction of your personal information, such as if you believe we have incorrect information pertaining to you.

b. The right to deletion

You may have the right to request that we delete the personal information we have collected from you.  Certain information may be exempt from such requests under applicable law.  We need certain types of information so that we can provide our Services to you, and may retain certain information for important business purposes, such as fulfilling our legal obligations, or for security, auditing or de-bugging purposes.

c. How to exercise your access and deletion rights

California residents and residents of Other Applicable States may exercise their access or deletion rights by sending an email to info@fivestates.com.

For security purposes, we will verify your identity – in part by requesting or automatically capturing certain information from you — when you request to exercise your applicable privacy rights.  For instance, you may need to provide your email address. To request that we provide you with the specific pieces of personal information we have from you or to delete personal information we have collected from you, we may also need to ask you for additional information to verify your identity.  Once we have verified your identity (and your agent, as applicable), we will respond to your request as appropriate.

  • Where you have requested the categories of personal information that we have collected about you, we will provide the information you have requested, except where not permitted under applicable law or otherwise exempted by the CCPA or other applicable law.
  • Where you have requested specific pieces of personal information, we will provide the information you have requested, except where not permitted under applicable law or otherwise exempted by the CCPA or other applicable law.
  • Where you have requested that we delete personal information that we have collected from you, we will delete any information about you that is not necessary for the purposes indicated above or another permissible business, security or legal purpose.  Certain information may be exempt from such requests under applicable law.

If we are unable to complete your requests fully for any of the reasons above, we will provide you additional information about the reasons that we could not comply with your request.

d. The right to nondiscrimination

We will not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these rights.

e. The right to “opt-out” of the sale of your personal information

You have the right to opt out of the “sale” of your personal information.  California law (for instance) broadly defines sale such that it may include, for example, allowing third parties to receive and use certain information, such as cookies IP address and/or browsing behavior, to deliver targeted advertising.

If you wish to “opt out” of our “sale” of your information, i.e., for purposes of personalized advertising, please send an email to info@fivestates.com.

f. Authorized Agent

You may also designate an agent to make requests to exercise your rights, where applicable state law (such as the CCPA) permits you to do so.   In such case, we will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized to make a request on your behalf through providing us with a signed written authorization or a copy of a validly executed power of attorney.

g. Right to Appeal

In some states you have a right to appeal our decision about how or whether we honor your privacy rights request(s).  In the event that we inform you that we will not, or believe we cannot, honor a particular consumer request (for instance, if we have determined we cannot verify your identity, or if we believe you are not entitled to the scope of deletion you request), and you live in such a state, you may appeal our determination by emailing us at info@fivestates.com.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us by emailing us at info@fivestates.com.