Updated: 7 June 2023
As a people-focused, tech-smart, modern company, Evergen takes your privacy seriously.
If you’re a citizen or resident of the European Economic Area, the General Data Protection Regulation (EU) 2016/679 (“GDPR”) will apply to your personal data.
If you’re a citizen of Australia, New Zealand or any other country, the Privacy Act 1988 (Cth) will apply to your personal information.
What is personal information?
Personal information is information or data where your identity is reasonably ascertainable. It’s a broad definition and may include information such as your name, email address, photo, or videos as an example. If you’re in the European Economic Area, this will also include ‘personal data’ as defined under the General Data Protection Regulation.
The types of information we collect
Information you give us:
Whether you’re a customer, user of our app, part of our partner program, or a supplier, we will require your information to enable you to enjoy certain features of our Services. We collect certain types of information, including personally identifiable information. For example, we collect information when you:
- Register – when you register either via our website or by phone we ask you to provide certain information, which may include your name, your phone number, your email address, home address, details about your home as well as your energy use. This information may, for example, indicate what time you are home and when you use certain appliances.
- Provide us your Credit Card, banking information,and billing information. This is to enable payment for certain Services we may collect billing and credit card information.
- Third-party personal information – if you are providing us with third party information, you warrant to us that you have that person’s consent to disclose their information to us, and that your use and disclosure of the information to us is in accordance with the GDPR.
Information we collect using technology:
- Device Information – we may collect information about the energy usage of your home, your computer, mobile phone, smartphone or other device you use to access the Services to measure the effectiveness of those Services.
- Website – when you visit our website, we may collect information about your visit such as your IP address, and the pages you visit on our website.
- Analytic – we may use third parties including the hardware vendors to provide us information, reports and analysis about your energy usage and your energy usage profile along with monitoring and performance analysis of your hardware system. These reports contain aggregated or anonymous data only, and do not identify users of Evergen.
- Log Files – we may also automatically log certain information about your use of the Services. This information includes a history of your energy usage, usage of the mobile application and certain telemetry and performance data about your battery system and the surrounding environmental conditions of your system.
- Geolocation data – for certain mobile applications we offer, we may request your geolocation information in order to provide you with search or other functionality. If you agree to such collection, we may maintain information regarding your precise geolocation including over time, and may use it to help enable that functionality, or other functionality we describe to you in connection with the mobile application or website.
- Smart devices – we may use technology called smart devices that communicate information from your battery system, photovoltaic panels, energy metres and our environmental cabinet sensor to a secured cloud based server. Smart devices allow reading certain types of information from your installation and determine, among other things, the time and date of components of your energy usage. These smart devices may be used for a variety of purposes, including to analyse the use of the Services and in conjunction with cookies to provide energy usage that is more relevant to you.
Information we receive from other sources:
- We may work with third parties including for example partners, sub-contractors in technical, payment or delivery services, analytics providers, credit reference agencies and may receive information about you from them.
How we may use and share the information we collect
Providing the services you request
We use the information we collect about you to enable your use of the Services, to fulfil your requests for certain products and services and for providing you with advice on optimising energy use, including in relation to your electricity supply arrangements, tariff structures and your fixed asset and appliance use.
We use the information, including analytics and statistical information to analyse the use of the Services so that we can improve them.
Customising your experience
We use the information that we collect to allow energy usage to be targeted to improve performance. We may also use this information to customise certain features of the Service to provide you with an enhanced experience based on information such as your energy usage profile and use of the mobile application.
We may share the information we collect with the manufacturers of the hardware and other equipment to the extent necessary to ensure that you can benefit from the manufacturers’ warranties.
We may contract with other companies that provide services to us, installers, technical or customer support, shipping and information or analytics providers. We may also partner with other organisations as part of the Services that we provide you, including as part of optimising your energy use and electricity supply arrangements. Sometimes we may provide to these service providers and select business partners aggregated and anonymised information about how the users interact with our Services, which may help them improve their own products or services.
We may use the information that we collect for marketing our Services, and this may be conducted by us, our agents or our distributors.
We and/or our carefully selected business partners may send you direct marketing communications and information about our products and services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Australian Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth). You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg an unsubscribe link).
We may from time to time provide you with an “opt in” or “opt out” mechanism, subject to the requirements of the applicable privacy laws. An “opt in” mechanism will provide you the opportunity to positively indicate that you would like or do not object to our sending you communications and we will not send you any unless you have “opted in”. An “opt out” mechanism will provide you the opportunity to indicate that you do not want us to send you further communications, and if you “opt out” we will not send you any.
Research and development
We may use the information we collect for conducting research, development and related activities in the field of operating a commercial electricity business that provides customers with integrated solar PV and/or battery systems for building; and services in respect of the management and control of solar battery or battery only systems for buildings by us.
We retain information for any statutory period, then a reasonable period where necessary for our business purposes. This is subject, for example, to any valid opt-out or withdrawal of consent where the processing of your information is based on consent, or other valid exercise of your rights.
How we keep and store your information
We are committed to keeping your information secure in accordance with applicable privacy laws. As custodians of information, we use a combination of technical solutions, security and access controls, and internal processes to help us protect your information from unauthorised access, misuse and unintentional disclosure.
We take reasonable steps to ensure that the information we hold is protected from misuse, loss, unauthorised access or disclosure. Your information may also be held in externally hosted applications. Some of these applications are hosted in Australia, the European Economic Area, and some may be outside of these locations. We will take reasonable steps to ensure that any organisation that hosts or keeps information for us will maintain the same privacy safeguards which we maintain.
Other privacy considerations
Transfer in the event of a sale or merger
We may transfer your information to a third party if we are involved in a transfer of all or part of our business or assets (e.g., a sale, merger, dissolution, liquidation or reorganisation) or are taking steps in anticipation of such a transaction (e.g., participating in due diligence).
Information from users outside of Australia
Cookies and analytics tools
Cookies are defined as ‘small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site’ (defined by UK Information Commission).
We use the following cookies:
(a) Strictly necessary cookies: These are cookies that are required for the operation of our website and services.
(b) Analytical or performance cookie: These are cookies that allow us to recognise and count the number of visitors and see how visitors use our website.
(c) Functionality cookies: These are cookies used to recognise you when you return to our website.
(d) Targeting cookies: These cookies record your visit to our website, and the pages you visit on our website.
These cookies are important and are collected only for the purposes of enabling the web services offered by this website.
Compliance with legal process
We may disclose personal information (1) if we believe such sharing is appropriate to comply with the law or with legal process; (2) to protect and defend our rights, services or property; (3) to protect against misuse or unauthorised use of the Services; or (4) to protect the safety or property of our users or any member of the public.
Compliance with privacy legislation
We will comply with all relevant privacy legislation in particular the Privacy Act 1988 (Cth) and GDPR (whichever is relevant to you) in relation to your personal information. If you have any questions, you may contact our Privacy Officer at [email protected].
Accessing or correcting your personal information
You can access the personal information we hold about you by contacting us using the [email protected]. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.
If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.
Are you based in the European Economic Area?
We will use our best endeavours to comply with the GDPR including its six core principles (‘6 Principles’) set out in Article 5 of the GDPR, which in summary are:
- Lawfulness, fairness and transparency
Information will be processed lawfully, fairly and in a transparent manner in relation to the data subject.
- Purpose limitation
Information will be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
- Data minimisation
Information will be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
Information will be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay.
- Storage limitation
Information will be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the Information is processed.
- Integrity and confidentiality
Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
As is also provided under the GDPR, you have the right to:
- Access your information; to correct or rectify it;
- Delete your information subject to applicable law;
- Have your information processed only in accordance with applicable law;
- Have copies of your information to be moved to another controller;
- Object to our processing of your information otherwise than in accordance with the law; and
- Withdraw any consent to processing your information at any time.
Making a compaint
Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and investigate any enquiry or complaint made. We will respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
Unless otherwise provided, the following terms shall have the meanings specified:
Establishment services consist of:
- Supply and delivery of the Hardware and Other Equipment to your Premises;
- Installation of the System at your Premises;
- Connection of the System to the electricity grid;
- Testing and commissioning of the System;
- Provision of a certificate of electrical safety (or equivalent) and;
Ongoing services consist of:
- Provision of ongoing Evergen optimisation, management and monitoring, including remote analysis of your System through the Intelligent Management System and updating of the energy management program from time to time.
System means the integrated solar PV and/or battery system, which consists of:
- The Hardware;
- Integration of the Intelligent Management System; and
- Other Equipment.