Effective Date April 1, 2024

Nexus Water Group and its affiliates and related entities (collectively, “Nexus”, “We”, “Us, “Our”) are committed to protecting the privacy of our customers and visitors to our website (“Website”).  We understand your concerns regarding how information we may collect about you is used and shared. The Nexus’s Privacy Policy (“Privacy Policy”) describes the type of information we collect about you, how we collect it, how we use it, with whom we may share it with and what choices you have regarding your personal information.

The Terms of Use, in which this Privacy Policy is incorporated by reference, constitutes an agreement between you and Nexus that conditions your interaction with Nexus’s website or accessing services. We encourage you to become familiar with the terms and conditions of both this Privacy Policy and the Terms of Use. By continuing to access or use the Website, products, or Services (collectively “Services”), you acknowledge you’ve reviewed and agree to this Privacy Policy.

Nexus reserves the right to change this Privacy Policy at any time. Changes will be effective immediately upon posting to the Website and will apply to your use of the Website and our processes concerning personal information.

What Personal Information We Collect

Personal Information You Provide

In order to provide you with Services, we receive, collect, store, use, and process information, including “Personal Information”. Personal Information means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person or household. Information that is aggregated, de-identified, or anonymized is not considered Personal Information. Information that is made available from federal, state or local government records is also not considered Personal Information pursuant to this Policy.

You may make the following categories of Personal Information available to us based on our business relationship with you, including by using or accessing our Services:

  • The Personal Information you provide when you start Services, such as your name, home and mailing addresses, phone number(s), email address(es), and/or the last 4 digits of your Social Security Number (“SSN”).
  • Billing and payment information you use to pay your Services bill, such as your financial information (e.g., banking and credit card information), payment history, and/or the last 4 digits of your SSN.
  • Personal Information provided when you communicate with us, such as when you contact us by phone or email, contact information, and the content of the communications themselves.
  • Personal Information you provide to determine eligibility for certain programs or services, including household income, the number of people living in your home, your enrollment in other governmental programs (such as food stamps/SNAP, Supplemental Security Income, and the National School Lunch Program), and whether you rent or own your home.
  • Personal Information you use to visit, register for, manage, or access your Nexus account, including your account number, name, address, phone number(s), and email address(es).
  • Personal Information you provide on any electronic or paper form, including electronic or paperless billing, service alerts, or authorization for someone else to manage your account.

Nexus may supplement the above mentioned categories with additional Personal Information.

Information Through The Website

Your access or use of the Website: We collect information about visits to or use of the Website, such as the number of visitors that click on certain links or use certain services. We use standard industry software to create summary statistics of the collected data, which may then be used to highlight what visitors or users of the Website may find interesting, to improve the design and usability of the Website to identify system performance issues, or for other internal purposes.

When you visit or use our Website we also automatically receive some Personal Information, such as your Internet Protocol (“IP”) Address, the type of Internet browser, operating system, Internet service provider and handheld/mobile device you are using to view the Website. We may use the IP Address to help diagnose technical problems or to administer the Website. We may also use the IP Address to provide localized content to you on the Website related to your geographic location.

Cookies: A cookie is a small piece of data sent to your browser from a web server and stored on your computer or other device that makes your use of some online services more convenient. When you visit or use the Website or other online services, cookies are generated and placed on your device.  We use cookies and similar technologies and might allow our business partners to do the same. This allows us to provide targeted information to you about programs or services we or our business partners offer. It may be possible for you to disable the use of cookies through your browser settings.

Geolocation information: If you visit or use the Website or other online services from a mobile device, you might be asked to share your GPS-level geo-location information so that your experience can be customized. You may agree to the collection of such information at that time or you may be able to turn off such data collection at a later time by accessing the settings on your device or mobile application.

Sensitive Personal Information

Certain Personal Information we collect may also fall under the sub-category of “Sensitive Personal Information”, as defined by certain laws. This information includes information such as geolocation information, financial account information and SSNs. We only collect and use Sensitive Personal Information as necessary to provide you with services and we DO NOT SELL or SHARE Sensitive Personal Information.

How We Use Your Personal Information

We receive, collect, store, use and process Personal Information that you provide or otherwise make available to us for the following purposes:

  • To provide Services to you, assist you, administer your account, bill you for services, and process your payments.
  • To provide, administer and utilize our Website.
  • To improve our operational efficiency, to provide training and to provide you with better service.
  • To authenticate and verify your identity when you contact us or when you access your account.
  • To communicate with you about your account or services, including responding to you after contacting us.
  • To send you information about programs or services that may be of interest to you, technical notices, updates, alerts administrative messages and other information.
  • To prevent potentially fraudulent, prohibited, or illegal activities, and enforce our Terms of Use.
  • To comply with legal requirements or assert or defend a legal claim.

How We May Share Your Personal Information With Third Parties

We may share your Personal Information with trusted affiliates, vendors, contractors, credit reporting and collection agencies or partners that provide service to or on behalf of Nexus or service providers of which you have requested that we share your Personal Information with (“Third Parties”). We DO NOT SELL or SHARE your Personal Information with Third Parties without your explicit consent. Third Parties are required by law to protect your privacy and security and are subject to review of their data handling processes before we share Personal Information with them.

We may share or disclose Personal Information only with your consent or in the following circumstances:

  • We may share Personal Information with Third Parties to provide, maintain and improve our Services. Third Parties in certain areas may assist us in providing you Services such as network infrastructure, payment processing, security and customer support.
  • We may share Personal Information with Third Parties as reasonably necessary to (a) comply with applicable law, regulations, legal process, valid warrant, subpoena, or court order, request from Public Utilities Commissions or other state or federal governmental agency with legal authority to obtain Personal Information from us; (b) enforce or comply with our Terms of Use or other applicable agreements or policies; (c) protect our rights or property, or the security or integrity of our Services; or (d) protect us, users of our Services or the public from harm or potential prohibited or illegal activities.
  • We may share Personal Information with Third Parties in connection with, or during the negotiation of, any merger, sale of company or assets, restructuring, financing, acquisition, divestiture, dissolution or change in control involving all or a portion of our business.
  • We may share Personal Information with Third Parties to protect the personal safety of our customers, employees or the public, or to assist emergency responders in situations of immediate threat to life or property.
  • We may share Personal Information with Third Parties such as credit reporting agencies and collection agencies, if your account is assigned for collection.

How We May Communicate With You

Communications

We use contact information you provide us, including email addresses and phone numbers, to communicate with you about new and/or existing programs and services, including information about billing, service interruptions or system improvements, conservation and rebate programs, water quality, regulatory filings, utility rates, and other information related to your business relationship with us. This section of the Privacy Policy gives information about how we plan to interact with you, including as may be applicable, through voice, text messages, emails, and other forms of digital communication.

Email Communications – Terms of Use

Implied Consent: By providing us with your email address(es), you authorize us to contact you by email as a primary form of contact method when available, unless you select an alternative contact preference.

By providing us your email address(es), (i) you acknowledge and represent that you’re the authorized user of the email address(es); (ii) you give us express permission to send emails to the email address(es) until you revoke that permission; and (iii) you are consenting to receive such email messages even if the email address(es) you provide appear(s) on a federal or state Do Not Contact list. If the provided email address is on such federal or state Do Not Contact list, by giving us the email address you are specifically agreeing that such email messages won’t be in violation of any laws relating to the Do Not Contact list(s).

Opt-Out: You can opt-out of receiving some emails from us by changing your communication preferences on your online account, the relevant Nexus program account or the Website. We reserve the right to (i) send you certain required and/or transactional emails and (ii) respond by email to your emails or other electronic communications means regardless of whether you opted out of receiving emails from us.

Text Alerts – Terms of Use

Consent: By providing your mobile device number(s) and activating text alerts (if available or applicable) on your online account, through a Nexus customer care representative, or through any other Nexus program that provides for text alerts or notifications, you (i) acknowledge and represent that you are the authorized user of the mobile device(s) that you link to the text alert service or that you’ve been given permission by the authorized user of the mobile device(s) to enroll the mobile device(s) in the service; (ii) give us express permission to send text messages to the mobile device number(s) you provided unless and until such permission is revoked in accordance with these terms and conditions; and (iii) by giving such permission you are consenting to receive such text messages even if the mobile device number(s) you provided appear(s) on a federal or state Do Not Call list. By providing us with a mobile device number(s) which appear(s) on a federal or state Do Not Contact list, you are specifically agreeing that any text message, alert or notification will not be in violation of any laws relating to the Do Not Contact list(s). Mobile devices include but are not limited to mobile cell phones, smart phones, tablets, and/or other such devices.

Stop Text Alerts: Text alerts (if available and as applicable) may be canceled by disabling the alerts from your online account, the relevant Nexus program account or the Website. Unless you cancel your prior consent using one of the previously mentioned methods your prior express consent to receive text messages, alerts or notifications continues indefinitely.

We reserve the right to send you certain required text messages, including but not limited to, emergency and safety notifications, important information or disclosures about your account, such as service interruptions or outages, notices mandated by the Public Utilities Commissions and/or other regulatory agencies, and other required communications that you do not have the option to opt-out from.

Telephone Communications

We use the phone number(s) you provide to communicate with you about your Services and related programs and services we provide. We do not engage in telemarketing, and any communication with you via telephone is conducted in accordance with the Telephone Consumer Protection Act (TCPA) and applicable state laws. To learn more about the TCPA and applicable state laws, you may visit the Federal Trade Commission’s TCPA webpage at www.fcc.gov/cgb/consumerfacts/tcpa.html.

In Canada, you can learn more about your privacy rights by visiting the Office of the Privacy Commissioner of Canada (OPC) website Commissariat à la protection de la vie privée du Canada / Office of the Privacy Commissioner, or by calling their Information Centre at 1-800-282-1376 or (819) 994-5444. Complaints can be filed at Tell the OPC about a privacy issue.

No Warranties: We make no representations or warranties about email or text alerts, notifications, or other communications. We disclaim all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose.

Message Frequency: Message frequency depends on the type of electronic alerts, notifications or other electronic communications you choose to receive and the nature of your Services.

Limitation of Liability: To the maximum extent permitted by applicable law, you agree that Nexus shall not be liable for any direct, indirect, consequential, special, incidental, punitive, or any other damage, even if Nexus has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of electronic alerts, notifications or other electronic communications or use of the Website. Nexus shall not be liable for the acts or omissions of third parties.

Social Media Websites

We may use social media sites (e.g., Facebook, Instagram, LinkedIn, X (fka Twitter)) to communicate generally about our programs and services. You can choose to follow us on these social media sites to receive general information about our programs and services. These sites may allow us to provide targeted information to you by using the information they maintain about you, even if you don’t specifically follow us on their site. You may be able to disable some or all of this targeted information by adjusting your privacy settings on the respective social media sites.

Links to Other Website, Mobile Applications or Other Online Services

While visiting or using the Website, you may encounter and choose to access other websites, mobile applications or other online services that are not owned, operated or otherwise associated with Nexus by clicking on hypertext links or icons. Nexus does not control and is not responsible for what others do in connection with their websites, mobile applications, or other online services, or how they handle your Personal Information. Please consult the privacy policies of these other websites, mobile applications and other online services for further information.

Internet Browser “Do Not Track” Signals

Some browsers have “Do Not Track” features that allow you to tell a website not to track you. These features are not all uniform and certain options you select are both browser and device specific. We do not currently respond to “Do Not Track” signals.

Personal Information Retention

Unless otherwise stated above, we retain Personal Information you provide or otherwise make available to us to fulfill the purposes described above.

We use the following criteria to determine how long to retain Personal Information:

  • Our relationship with you, and the products and services we provide to you;
  • Your requests to us regarding your Personal Information;
  • Any legal obligations or requirements to retain the Personal Information;
  • Technical considerations and feasibility and level of protections in place for your Personal Information.

Security

We use reasonable procedures to safeguard Personal Information under our control. The Internet, wireless networks and information storage are not 100% secure and we cannot guarantee the security of your Personal Information stored or sent to us. We encourage you to take precautions to protect your Personal Information.

To the maximum extent allowed by applicable law, you agree and acknowledge that Nexus will not be liable or responsible for use or disclosure of your information that are the result of unauthorized or illegal access to our systems or those of our vendors, agents, contractors, affiliates or partners. If you have reason to believe that the security of your communications or Personal Information has been compromised, please notify us immediately using the contact information below.

Children’s Privacy

The Website is not intended or designed for children and we do not collect Personal Information from children, including anyone we know to be under the age of 13. If we learn that a child under 13 submits information through any part of the Website, we will attempt to delete this information as soon as possible.

By accessing and using the Website, you affirm that you are not under 13 years old, an emancipated minor, possess legal parental or guardian consent or is accompanied by a legal parent or guardian, or are over the age of 18 years old and are fully able and competent to agree to the terms of this Privacy Policy and the Terms of Use. If you are a parent or guardian of a child and believe the child has given us Personal Information, please contact us at privacy@nexuswg.com to let us know.

Changes and Updates to Privacy Policy

We reserve the right to change this Policy at any time at our sole discretion. Such changes will be effective immediately upon posting to the Website or being otherwise provided to you. Your use of the Website and our services after such changes have been posted will constitute your acceptance of all provisions of the then revised Privacy Policy.

Contact Us

For more information about this Privacy Policy, you can contact us at:

Nexus Water Group
2150 Town Square Place, Suite 400
Sugar Land, TX 77479
Attn:  General Counsel
Email: privacy@nexuswg.com

Your California Privacy Rights

California Consumer Privacy Act

Pursuant to the California Consumer Privacy Act of 2018 sections 1798.100 et seq. (“CCPA”) and the California Privacy Rights Act of 2020 (‘CPRA’), California residents have certain additional rights in relation to their Personal Information, subject to certain exceptions. If you are a California resident, this section describes your CCPA/CPRA rights and explains how to exercise those rights.

Transparency. Businesses that collect Personal Information subject to the above listed laws have a responsibility to provide you with notice regarding the categories of Personal Information to be collected, the purposes for which the categories of Personal Information are collected or used, whether that information is sold or shared, and the length of time we intend to retain each category of Personal Information, or if that is not possible, the criteria used to determine that period, among other information.

Access. You have the right to request for the categories and specific pieces of Personal Information we have collected about you, the categories of sources from which the Personal Information is collected, the business purpose for collecting the Personal Information, and the categories of third parties with whom Nexus shares Personal Information during the 12 months preceding your request.

Correct inaccurate Personal Information. You have the right to request that we correct inaccurate Personal Information we may have retained. Once we receive and confirm your verifiable consumer request, we will use commercially reasonable efforts to correct the inaccurate Personal Information as directed by you.

Delete. You have the right to request that we delete your Personal Information under certain circumstances. Please note that we will not be able to honor deletion requests in many cases, including when we need to keep information to: (i) complete a transaction or otherwise perform a contract between you and us, for example to continue Services; (ii) comply with applicable law, regulations, legal process, valid warrant, subpoena, or court order, request from Public Utilities Commissions or other state or federal governmental agency with legal authority; (iii) to protect the personal safety of our customers, employees or the public; or to (iv) otherwise internally use in a lawful manner consistent with the purpose for which the Personal Information was provided.

Opt-out of the sale or sharing of personal information. Although these are rights in California, i.e., to opt out of the transfer of personal information to third parties for valuable consideration or cross-context behavioral advertising purposes, Nexus does not sell or share your personal information.

Nexus does not discriminate against our users on the basis of their exercising any of their rights afforded by the CCPA and CPRA, which is further in accordance with California residents’ rights under the law.

To request access to your Personal Information, or correct or delete your Personal Information, you may contact us through any of the following methods:

  • Web Form: swwc.com/ccpa-requests/
  • Phone: 800-203-5430
  • In Person – Suburban Water Systems:
    • San Jose Hills District Office:
      1325 N. Grand Ave. Suite 100
      Covina, CA 91724
    • Whittier/La Mirada District Office
      15088 Rosecrans Avenue
      La Mirada, CA 90638

If you need access to this Privacy Policy or a CPRA request form in an alternative format due to any disability, please contact us through the methods provided above.

Please specify in your request what Personal Information you would like to access, correct or delete.

We will first acknowledge receipt of your request within 10 business days after receipt of your request. We will provide a substantive response to your request within 45 calendar days after its receipt. If we require more time (up to 90 days or the permitted timeframe), we will inform you of the reason and extension period in writing.

Only you or an authorized agent (as described below) may make a verifiable consumer request related to your Personal Information.

  • How to Authorize an Agent. You may designate an authorized agent to submit your verified consumer request on your behalf, only if the authorized agent has your written permission to do so and you have taken steps to verify your identity directly with us.
  • How We Verify Your Request. In order to respond to your request we must verify your identity or the authority of your authorized agent. We will only use the Personal Information provided in that context to verify your identity or the authority of your authorized agent to make the request. Making a verifiable consumer request does not require you to create an account with us. To allow us to verify your request, we will require that you provide at least two pieces of Personal Information, including your email address and phone number, we already have in our possession. We will verify your consumer request by comparing the information you provide to information already in our possession, and take additional steps to minimize the risk of fraud.