Who We Are
New Measured Power Limited (t/a Pinergy) is a company limited by shares and registered in the Republic of Ireland.
You can contact us at our main business address: Suite 1, Beaver House, Beech Hill Office Park, Clonskeagh, Dublin 4.
Our Data Protection Officer can be contacted via firstname.lastname@example.org
We believe that providing insights into how our customers use energy will help them to optimise their energy use, reduce waste and treat energy as a resource, not a commodity. We are also aware that data needs to be handled securely and transparently. We believe you should own your own data and should have the choice about who has access to your data or who you consent to view the data.
As part of our ethos of continuous improvement, this Data Protection Notice and any associated policies or procedures may be changed in the future. If we make changes, we will provide notice of any proposed changes at least thirty (30) days before they come into effect.
What We Do
The mission of Pinergy is to help our customers to understand their energy consumption and then reduce it in a sustainable way.
How Do We Obtain Your Personal Data?
When you use our products or services and apps, we collect information about you. This information can be manually entered by you or be collected automatically from your smartphone and/or meter device. Other information may come from third parties, such as your landlord, property manager or developer.
We obtain your personal data in one or more of the following ways:
- You directly provide it to us by manually inputting it into one of our apps (example: your name, mobile number, payment method), when you enquire with us about our products and services, when you ask us to provide you with a product or service, or when you ask another party like a property sales or letting agency or one of our subsidiary companies to share your data with us.
- You authorise a third party to provide it to us (example: new-build housing developments and developers share information with us about purchasers to allow us to transfer over supply unless the purchaser switches to another electricity supplier.)
- We automatically record it from a network device (e.g. budget controller, smart meter, EV charger), when you use our products or services, including energy usage data, making transactions on your account, how much the payments are for and when the payments are made.
Categories of Personal Data We Process
The specific types of personal data we process about you may vary depending on the specific product or service you are using. Examples or descriptions of categories of data provided here are not exhaustive and are for information purposes. Supplemental information will be provided to users for specific contexts where necessary.
|Category||Example / Description||Source|
|Identity Information||· First Name
· Last Name
· Email address
|Financial data||· Credit cards
· Debit Cards
· Bank account details
· Provided to make payment for the products and services you purchase from us
|Survey Responses||· To ascertain customer satisfaction||Directly Provided|
|Location||· Postal address
· GPS co-ordinates of an installation location
|Activity Data||· Smart meter data where you have given consent or where you enter into a contract for services which Smart Meter data. (this includes electricity consumption and carbon emissions)
· Electronic vehicle charge data
· Meter and energy consumption information (information about your bill pay meter and energy consumption)
[This is indirectly personal data as it can be associated to a service user or supply device]
|· Device type
· Features used in application
· Logs of date/time of interaction
· Details of app crashes or failures
· Energy supply data (e.g. usage from network and usage from solar panels)
In addition, photographs are taken of the installation location as part of site surveys and of all electrical work completed as required by the SEAI grants processes, for safety certification of works, and for insurance purposes. These are retained for the lifetime of the installation.
How Do We Use Your Data (and our Legal Basis for Processing)
|Purpose||Legal Basis Relied On|
|Sale of product or service||· Processing is necessary for the performance of a contract to which the data subject is party
· Legitimate Interest
|Product / Service Fulfilment||· Processing is necessary for the performance of a contract to which the data subject is party
· Legitimate interest
|Customer Service and Support||· Processing is necessary for the performance of a contract to which the data subject is party
· Legitimate Interest
· Legal obligation
|Technical Support||· Processing is necessary for the performance of a contract to which the data subject is party
· Legitimate Interest
· Legal Obligation
|Analysis of Application performance||· Legitimate interests|
|Proposal preparation||· Legitimate interest
· Necessary for the purposes of a contract entered into by the data subject or in order to take steps at the request of the data subject prior to entering into a contract
· Legitimate Interest
|Statistical Analysis and reporting of aggregated data||· Processing for statistical purposes. Safeguards include:
o Deidentification of data
o Clustering of data so that no individual installation point or user can be singled out.
Categories of Data Processors
Pinergy makes use of several different categories of data processor to help us deliver our services.
- Installation Contractors
- Pinergy uses 3rd party contractors to install and maintain budget controllers, meters, or other equipment.
- IT Service Providers
- Pinergy uses a range of IT service providers to host our systems, develop and maintain software, and support our internal information management processes.
- Infrastructure Providers
- Infrastructure providers such as the ESB Smart Meter Network or Electric Vehicle charger providers can also process data on behalf of Pinergy to enable us to deliver our products and services.
- Billing, Accounting, and Finance Service Providers
- We avail of the services of a number of third parties to support our billing processes, our accounting and payments management processes, and our finance and credit control processes.
- Data Protection Officer Services
- Pinergy has engaged the services of an outsourced Data Protection Officer to support our compliance obligations.
Joint Controller Relationship
Pinergy has entered into a Joint Controller Agreement with our sister company Solar Electric (www.solarelectric.ie). Under this arrangement, Pinergy provide a range of back office and administration supports to Solar Electric. Both firms engage in cross-sale and bundled sales activities of each other’s related products or services where it is beneficial to our customers.
Under this Joint Controller Agreement, customer information is shared between the two organisations where necessary for these purposes.
Categories of Recipients
Pinergy may provide personal data to the following categories of recipient:
- If you are renting in a property where your landlord or management agency has contracted with Pinergy to provide a pre-paid electricity supply, your landlord will be provided information about the budget controller at your address for the purposes of managing obligations under your lease.
- We provide aggregate statistical information on electricity use in properties to Property Management companies.
- To law enforcement agencies or regulatory authorities on receipt of a valid court order or where expressly required under legislation and only to the extent required by law.
- In the event of a corporate sale, merger, reorganisation, sale of assets, dissolution, or other business-related event, your information may be transferred as part of the assets of Pinergy.
How Long Do We Keep Your Data?
Pinergy retains identifiable data for the duration of your use of our service or use of the application plus any retention period that may be defined by:
- Legal requirements set out in legislation or regulatory guidance in jurisdictions in which our services are provided
- Periods that are reasonably necessary for business and legal purposes.
We will also keep data which cannot directly or indirectly identify living individuals for analytics and research purposes to help improve our products and services.
Cross-border Data Transfers
Third party service providers contracted by Pinergy hold personal data in secure data centres inside the EEA. Where data is transferred outside the EU/EEA, such transfers are carried out on the basis of either:
- Standard Contractual Clauses, or
- An adequacy decision of the European Commission.
In addition, registering user profiles for certain applications provided by equipment providers for certain products may necessitate transfer of your personal data to the UK or other jurisdictions outside the EU/EEA with different data protection regimes to that which applies in Ireland or the EU.
In such cases, your registration for the app may be necessary for the provision of service to you by the equipment provider. They may also require registration of your equipment for warranty or after-sales support purposes.
We regularly review our providers and the basis for any transfers of personal data outside the EEA.
Keeping Your Data Safe and Secure
We place great importance on the security of all personal data associated with our customers. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control.
Periodic reviews of our security standards are carried out and our software development process has a checkpoint to identify and new risks when we define / develop new features.
However, with any electronic transmission and storage of data comes risks and we cannot guarantee that our databases, or those of our third-party affiliates, will be 100% secure. There is also a risk of data being intercepted while being transferred over the internet.
In the event of a breach of data security, Pinergy will:
- Where we are acting as a Data Controller, we will notify without undue delay the relevant Supervisory Authority where we identify that there is a risk to the fundamental rights and freedoms of people using our applications or services
- Where we are acting as a Data Controller and we identify a high risk to your rights and freedoms we will notify you of the incident without undue delay.
Automated Decision Making and Profiling
The operation of the Pinergy application and smart services require the processing of data for profiling to identify usage patterns in the building and ensure usage information is available.
Profiling and analytics is carried on the basis of half hourly consumption data with consent. If you have not consented to the recording of half-hourly consumption data, this data collected every two months.
No decisions are taken based solely on automated decision making which would have a legal or equally significant impact on a user as the data is used for creating insights on energy consumption.
The exception to this is in the context of pre-pay electricity services where service will be discontinued once the available credit reaches zero or another agreed credit threshold, or post-paid services where an account has outstanding bills. This processing is necessary for the performance of the contract between us as the Data Controller and the data subject as a user of our services.
Your Rights under GDPR
Where Pinergy is acting as a Data Controller, you have rights under EU Data Protection law. These rights are:
- A right of access which allows you to request a copy of your data in an intelligible form (Article 15 GDPR)
- A right of rectification which allows you to request a correction of errors or inaccuracies in the data that we hold relating to you (Article 16 GDPR)
- A right to object to processing and to “opt-out” of having your data processed by us on the basis of our legitimate interests or a public interest basis unless we can demonstrate compelling legitimate grounds that over-ride your interests, rights, and freedoms. (Article 21 GDPR)
- A right to erasure in certain specified circumstances. This right does not apply where we are processing data for compliance with a legal obligation, for reasons of public interest in relation to public health, for archiving purposes for historical or scientific research, or where necessary to establish or defend legal claims (Article 17)
- A right to restrict processing in certain circumstances (Article 18)
- Under GDPR individuals also have rights to seek compensation for infringement of their data protection rights under the legislation.
Right to Complain to the Data Protection Commission
You have the right to file a complaint to the Data Protection Commission.
Their contact information can be found online at this link: https://dataprotection.ie/en/contact/how-contact-us
WHAT ARE COOKIES AND WHY DO WE USE THEM?
Like many companies, we use ‘cookie’ technology on our website. Cookies are small pieces of text which are stored on your computer or other devices by your web browser. Each cookie will contain anonymous information will allows them to recognise repeat users, store registration data, facilitate access to and use of the website. Using cookies on our website allows us to understand how you use the site, so we can improve your experience through layout, navigation, content, and relevant advertising. There are four different types of cookies that we use:
- Strictly necessary cookies
These are essential cookies which allow you to navigate our website properly, giving you access to all the features and functions of the site.
- Performance cookies
We use these cookies to collect information about how visitors use our site. We use this information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors, where visitors come from and the pages they visited, for example in Google Analytics.
- Functionality cookies
These cookies allow us to remember the individual choices you made while visiting our website and helps us to enhance your user experience, for example your location settings, login details etc.
- Advertising cookies
These cookies are anonymous and they help us collect information on our advertising campaigns. This in turn allows us to make our ads more relevant to our website users. This means you should generally only see ads relating to your personal interests and you won’t constantly see the same ones.
- Remove cookies from your hard drive.
- Set your browser to block cookies.
- Set your browser to send you a warning notice before a cookie is stored on your computer.
But remember that you might not be able to make the most of our website (or other websites) without cookies – some functions need cookies to work. Turning off cookies is not permanent. You can also go into your settings to change them back so that you can use all functions of our website.
Correct as at 18/05/2018
Data Protection Notice – Promotional Referrals
If you provide your details to us to share with our trusted partner, we will provide your personal data to them for the sole purpose of them contacting you about this promotional offer.
The personal data you provide
As part of this process you provide us with your name and contact details (email address or mobile phone number) and your preferred mode of contact (email, SMS, or phone call).
How we will process your details
We will process the information you provide for the following purposes:
|To notify the partners you have selected to hear from about your expression of interest.
|· Consent (you provide your details for this purpose)|
|Statistical reportin on the number of Pinergy customers who express interest in services offered by our partners.||· Legitimate Interest|
How our partners will process your details
Your personal data will be shared with our partners for the following purposes:
|To contact you to inform you they have obtained data relating to you||· Statutory obligation (Article 14 GDPR).|
|To contact you about their products or services.
|· Consent (you provide your details for this purpose)|
|Statistical reporting on the number of referrals they receive and process.||· Legitimate Interest|
Any further processing of your personal data by our partners for their own purposes is subject to their own terms, conditions, and data protection compliance policies.
How long we will keep your data
Pinergy will retain the detailed record of your expression of interest for 6 months for reporting purposes and to allow us to follow up on any customer service issues arising from this promotion.
We encourage our partners to retain your data only for as long as they need it for the purpose of this promotional activity. However, they may have other processing purposes or policies relating to the processing of your data which may require them to keep your data for a longer period. Please check with them directly if you have queries in respect of data retention.
Your rights in respect of your data
You retain your data protection rights in respect of this data. This includes your Right of Access to personal data processed relating to you, your Right to Object to Processing (to Opt-Out), and other rights under GDPR.
You also have the right to complain to the Data Protection Commission (www.dataprotection.ie) in the event that your data protection rights are infringed.