Privacy Statement

Our Commitment to Our Clients and Visitors

APX is committed to safeguarding the privacy of our clients and Web site visitors, taking the necessary steps to protect confidential transaction data. Visitors to our site can be assured that APX will not disclose their contact information to third parties. The following summarizes the information gathering and privacy protection practices of APX.

Web Site Practices

• Information Automatically Logged. APX uses server logs to administer its Web site. Server logs are analyzed by commercial tools to provide simple access demographics, including "New vs. Returning Visitors," "Most Frequently Visited Pages," and similar statistical reports. Although some reports may identify particular computers or networks by IP address, this data is for internal use only and is not shared with other companies or agencies (unless required by law).

• Cookies. This Web site uses cookies to track the state of user sessions and to deliver content specific to an individual user's interests. For example, cookies can be used to disable start-up animations that a user may prefer to skip, or to provide a user’s default server name. No personal information is stored in cookies. Although disabling cookies is possible, some APX Web site features are not functional without them.

• Inquiry Submissions. When site visitors request additional information about APX via e-mail through the Contact Us page, the information provided (for example, name, e-mail, and telephone number) is not shared with third parties.

• External Links. APX is not responsible for the privacy practices or the content of Web sites operated by other organizations, for which there are links on the APX Web site.

Customer Information Practices

• Customer Registration Forms. To receive or use APX market services, all APX clients complete a registration form. APX uses the contact information in the registration forms to communicate with its clients. Unique and secure identifiers (such as Login ID) are used to verify the participant's identity when logging into APX systems for trading or managing settlements. APX does not sell, exchange, or publish client information to third parties.

• Software and Data Access. Only registered clients are allowed to download and use the APX application software or access settlement data. All clients are authenticated at login by supplying a valid User ID and password. All application and browser communication (including login) is encrypted.

• Special Relationships. In the future, APX may enter into agreements or partnerships with other information providers in order to provide seamless energy-related content to our clients. This Privacy Statement will be amended to account for additional privacy considerations that may arise, such as the restricted sharing of information with allied or affiliated energy-related content providers.

General Practices

• Security. The APX Web site and market service servers are distributed over several geographic locations to enhance high availability. Each location has security measures in place to protect against the loss, misuse, or alteration of the information under APX control. APX periodically reviews and updates its security measures to incorporate more current best practices and technologies.

Questions

• Web Site Visitors. If you are a visitor to the APX Web site and have questions about this privacy statement, contact APX at 408.517.2100.

• Clients. If you are a client of APX and have questions about our privacy statement, please contact your APX account representative.

Note: While APX expends extensive efforts to safeguard the privacy rights of our clients and Web site visitors, even when disclosure is required by law, APX assumes no liability for inadvertent disclosure.