(each referred to as the "Website" and together the "Websites").
In this Policy, references to "we", "us", and "our" (and other similar terms) means ‘The Companies listed above who collectively provide the service known as Flexible Power’ and "you" and "your" (and other similar terms) mean our customers, contacts, suppliers and Website visitors.
This Policy explains the way that we use the Personal Information we collect from you when you interact with us including but not limited to on our Websites, what our legal basis is for processing that Personal Information, and to set out what rights you have in relation to your Personal Information.
1. Personal Information that we collect about you and the purposes for which we use it
We collect Personal Information about you whenever we are in contact with you and if we are working together. This includes collecting and processing the following information:
- Personal Information that you provide by filling in forms on our Websites or paper forms. This includes feedback and comments on our performance and complaints and information that you provide when completing the registration form.
- If you contact us by phone, email or post, we may keep a record of that correspondence.
- We may be required by the Energy Regulator Ofgem to pass your details to an independent survey company who may ask you to complete voluntary surveys. We may also contact you to request your contribution to our own surveys which we commission from time to time, for regulatory purposes.
- Information about your visits to and use of our Websites including the pages that you access. More information is available in the cookies policy.
2. Legal basis for use of your Personal Information
a) our use of your Personal Information is pursuant to your granting to us consent to do so;
c) our use of your Personal Information is necessary for complying with our legal obligations (for example, providing information to Ofgem);
d) our use of your Personal Information is necessary for carrying out a task in the public interest;
e) where (a) - (d) do not apply, our use of your Personal Information is necessary for our legitimate interests or the legitimate interests of others. For example, our legitimate interests include the following:
i) running, growing and developing our business;
ii) operating and ensuring the security of our Websites;
iii) ensuring a safe working environment for our staff and visitors;
iv) marketing, market research and business development;
v) providing services to our customers;
vi) placing, tracking and ensuring fulfilment of orders with our suppliers; and
vii) for internal group administrative purposes.
3. We share your Personal Information with third parties in certain circumstances
We share your Personal Information with third parties in the following circumstances:
(a) We use consultants, suppliers and contractors to help us provide services and we give them Personal Information but only to the extent they need it to carry out their specific tasks. We have contracts in place with them containing obligations regarding the use and security of Personal Information to ensure that it is protected as much as possible.
(b) We may share your Personal Information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
4. Retention of Personal Information
We keep your Personal Information for no longer than necessary for the purposes for which the Personal Information is processed. The length of time we retain Personal Information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.
5. Security of your Personal Information
We use appropriate technical and organisational measures to protect your Personal Information against unauthorised or unlawful use, and against accidental loss, damage or destruction. We put in place strict confidentiality agreements (including data protection obligations) with our third party service providers. We will not pass any Personal Information collected to third parties for marketing purposes unless you have specifically agreed to this.
Unfortunately, the transmission of information via the internet is not completely secure. If you provide Personal Information to us via our Websites, we will do our best to protect it, but we cannot guarantee its security and any transmission is at your own risk. Once we have received your Personal Information, we will use strict procedures and security features to try to prevent unauthorised access.
6. Transfer of Personal Information outside the European Economic Area
Your Personal Information may be used, stored, transferred and/or accessed by other members of our group in the United States, or staff operating outside the European Economic Area ("EEA") working for us or our suppliers. Such staff maybe engaged in, among other things, the provision of support services. If we provide any Personal Information about you to any such non-EEA members of our group or suppliers we will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Policy.
8. Your rights
Under certain circumstances, you have rights under data protection laws in relation to your Personal Information. For example , depending on the basis upon which we use your Personal Information, you may:
- Request access to your Personal Information;
- Request correction of your Personal Information;
- Request erasure of your Personal Information;
- Object to processing of your Personal Information;
- Request restriction of processing your Personal Information;
- Request transfer of your Personal Information;
- Withdraw your consent to the processing of your Personal Information if our processing is based on your consent.
If you wish to exercise any of the rights set out above, please contact us via our contact details set out below.
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you of this and keep you updated.
9. Changes to the Policy
Any changes we may make to this Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail or post.
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us.
10. Contact us
If you have any questions, complaints or requests relating to your Personal Information, then please contact us using the following details:
E-mail us at: firstname.lastname@example.org;
We will investigate and attempt to resolve any such complaint or dispute regarding the use or disclosure of your Personal Information.
You have the right to make a complaint at any time to the Information Commissioner Office ("ICO"), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
Version date: July 2020.