We are n3rgy data Ltd (registered in England with company number 11712674) (collectively we or us). Our registered office and main trading address at 4 Benham Road, Chilworth, Southampton, England, SO16 7QJ We are committed to protecting and respecting your privacy. This policy (together with our Terms Of Use https://data.n3rgy.com/legal/ and any other document referred to in it explains the basis upon which we use or “process” any personal data which we collect from you, which you provide to us or which may be provided to us from any third party accounts which you may link to our service, and the choices which you can make about the way in which that information is collected and used. To better protect your privacy and make this notice easy to find, we make it available from our service and at every point at which we may request personal information from you. Please read this policy, and any document referred to in it carefully to understand our approach to and use of your personal data and protection of your privacy. When agreeing to use the n3rgy data service (or authorise access to your data via the service for other businesses) we will ask you to provide clear consent to the various practices described in this policy, to our use of your personal data (and our reasons for doing so) and to our being able to contact you, in relation to the operation of the service, our devices and/or our services, our obligations to you (and your obligations to us) and to our contacting you with marketing messages. For the purpose of the Data Protection Act 1998 (the Act), and from May 2018 the General Data Protection Regulation, n3rgy data ltd is the Data Controller. Our Nominated Representative and Data Protection Officer is Mr. Matthew Roderick. Contact details are set out at the end of this policy.

Information which we collect from you

We will collect and process the following data about you:

• Information which you give to us.This is information about you that you give us by filling in forms on our service or by communicating with us by phone, e-mail or otherwise (including via social media). It includes information you provide when you register to use our services and when you report a problem with our service and/or our services. The information you give us may include, and is not limited to, your name, address, email address and phone number, energy data, financial and credit card information and internet protocol (IP) address used to connect your device to the internet and access our service.
• Information which we collect about you.With regard to your use of your energy, our service, and to each of your visits to our service we will automatically collect the following information from your device:- Technical information, including (without limitation) the type of device you use, to access our service, a unique device identifier (for example, your device’s IMEI number or MAC address of the device’s network interface, and/or the mobile phone number used by you device), network information, your operating system, the type of browser you use, or time zone setting, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform etc;- Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our service (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number;- Information which we receive from other sources. This is information we receive about you if you use any of the websites or other applications we operate or the other services we provide or from manufacturers we work with or from other accounts (e.g. Amazon) you link to your n3rgy data account in respect of products purchased from them. We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

Cookies

Our service uses cookies to distinguish you from other users of our service. This helps us to provide you with a good experience when you browse our service and also allows us to improve our service. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy https://data.n3rgy.com/cookies/. Uses made of the information We use information held about you in the following ways both to enable us to provide our service and other services to you, and based upon your providing us with consent to its use as set out above (which can be withdrawn at any time, please see the section entitled “Your Rights” below ):

• Information which you give to us. We will use this information:– to complete valid requests from our customers you have authorised to access your energy data, ensure that we maintain high levels of customer service to you and us and to provide you with the information, products and services that you request from us;– to provide you with information on the performance of our services and any products which you may received from us so that you can make better and informed decisions on how to get the best out of them;– to provide you with information about other goods and services we offer that are similar to those that you already hold or enquired about;– to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;– to notify you about changes to our services;– to ensure that content from our service is presented in the most effective manner for you and for your device.

  The uses above include sharing data with our group companies to enable them to provide services related to the n3rgy data service. Information we collect about you. We will use this information:

• to administer our service and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to provide you with information on the performance of our service, our services and any products which you may purchase from us so that you can make better and informed decisions on how to get the best out of them;
• to improve our service to ensure that content is presented in the most effective manner for you and for your device;
• to allow you to participate in interactive features of our services, when you choose to do so;
• as part of our efforts to keep our service safe and secure;
• to create a profile relating to you and your property where our services based upon your use of our services and/or energy data, as well as your demographic, age and gender to create user personas which allow us to refine and improve our services, to improve user experience of our services and to target marketing campaigns. You have the right to exclude yourself from this profiling process and other automated decision-making by contacting us at contact@data.n3rgy.com;
• to make suggestions and recommendations to you and other users of our services that may interest you or them.

  The uses above include sharing data with our group companies to enable them to provide services related to the n3rgy data service.

• Social Login details. We may allow you to create, authorise and sign into our service using a third party platform such as Amazon, Twitter and/or Facebook. By using those third-party services to do so, you confirm that you agree to their terms of use, privacy policy and any other agreements or documents which set out the terms of your relationship with them and use of their services, which is separate from your relationship with us and your use of our service and authorise us to share your personal data with any third party website or service provider to which your account is linked. You also authorise us at any time and with any regularity to retrieve and/or receive and/or access any of your personal data held by any third party website or service provider to which your account is linked, and agree to the transmission, storage, processing and use by us of your personal data retrieved and/or received from any third party website or service provider to which your account is linked in the manner set out in this Privacy Policy. This paragraph of this policy applies in relation to personal data that is held by any third party website or service provider and that is retrieved and/or received by us or is otherwise transmitted to us and such personal data constitutes user submitted or generated content which is uploaded, posted or otherwise transmitted to us.
• Information which we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Disclosure of your information

You agree that we have the right to share your personal information with:

• Our customers who have expressly gained your consent to do so.
• Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 from time to time.
• Selected third parties including:– Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;– The provider of any third party account which you link to your account, such as Amazon;– Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, persons within a certain age bracket in a specific geographic area). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;– Analytics and search engine providers that assist us in the improvement and optimisation of our services;– Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

  We will disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
• If we or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of sale and other agreements; or to protect the rights, property, or our safety or the safety of our customers, our customers, staff and suppliers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In respect of products ordered, to the manufacturer of such products.

  We use the information you provide about someone else when placing an order only to deliver the product and confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with third parties other than our suppliers, subcontractors and members of our group and for the purposes expressly consented to by you by acceptance of this policy. Finally, we never use or share the personal information provided to us online in ways unrelated to those described above without also providing you with an opportunity to confirm your consent to such use.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”), including the United States of America. It will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes staff engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access our services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our our services; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Access to the information which you have provided will be limited to authorised employees as required for the purposes identified above as well as IT security and maintenance. Any personal information you provide may be used to verify your identity and assist us in preventing or detecting fraud. As part of these checks your information may be disclosed to credit reference agencies, who may keep a record of that information.

Retention of your data

We will retain your personal data on our systems for as long as you continue to use our devices and services. This is based upon our need to maintain a record of your personal data for the purposes set out in this policy and based upon the period of limitation in any legal claim (in relation to which we may need access to or be compelled to disclose personal data relating to you) being a maximum of 12 years.

Your rights

You have the right to be informed of how we make use of your personal data in a transparent form when we collect that data from you, which is set out in this policy. You have the right to lodge any complaint relating to our processing of your personal data with the relevant supervisory authority, which is the Information Commissioner’s Office. Their website can be found at www.ico.org.uk. You have the right to withdraw your consent to any of the processing of your personal data as described in this privacy policy at any time, either by changing your privacy settings or by contacting our Data Protection Officer, who can be contacted at the details set out below. You have the right to have any personal data which we hold and which relates to you rectified or corrected if it is inaccurate or incomplete. You have the right a right to have any personal data which we hold relating to you erased and to prevent its processing in specific circumstances, namely:

• Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed;
• When you withdraw your consent to our processing of your personal data;
• When you object to our processing of your personal data and there is no overriding legitimate interest for that processing to continue;
• Where that personal data was unlawfully processed;
• Where that personal data has to be erased in order to comply with a legal obligation;
• Where that personal data is processed in relation to the offer of information society services to a child under the age of 16.

  You have the right to “block” or suppress our processing of personal data relating to you in the following circumstances:

• Where you contest the accuracy of the personal data, in which case we will restrict any further processing until we have verified its accuracy.
• Where you object to the processing of personal data and we are considering whether our legitimate grounds for its processing override that objection.
• When our processing of your personal data is unlawful and you ask for its processing to be restricted rather than deleted.
• If we no longer need personal data, but you need the data to establish, exercise or defend a legal claim.

  You have the right to obtain and reuse your personal data held by us for your own purposes across different services in a safe and secure way without any negative effect upon its usability via a structured, commonly-used and machine-readable form, free of charge. You can ask us to transmit that data either directly to another organisation (provided that it is technically-feasible), or to send it directly to you. You have the right to object to our processing of your personal data based on our legitimate interest in doing so (in this case, our provision of our our services to you. You also have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by writing to The Data Protection Officer, n3rgy data ltd 4 Benham Road, Chilworth, Southampton, England, SO16 7QJ. You can correct factual errors in your personal information that we hold by sending us a request that credibly shows that there is an error in our records. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Access to information

The Act gives you the right to confirmation that we are processing your personal data and to access information held about you. Your right of access can be exercised in accordance with the Act by writing to The Data Protection Officer, n3rgy data ltd 4 Benham Road, Chilworth, Southampton, England, SO16 7QJ. We use this procedure to better safeguard your information. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to contact@data.n3rgy.com.