Data retention policy 

December 2019

1. Introduction

What is this Policy

When you use our services or contact us you trust us with your personal information. We collect and store this information in order to provide the best possible products and services to you. Here we explain what information we collect, how we collect it and what we actually do with it. By giving us your information you are agreeing for us to collect use and disclose any personal information you provide us in accordance with this Privacy Policy and any other arrangements that apply between us. In this Privacy Policy, 'us' 'we' or 'our' means Evenergi Pty Ltd ABN 80 616 892 534 and our related bodies corporate. We are bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). Also when we do so in the European Union (EU) or if you are located in the EU and we offer services to you we are regulated under the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (the EU GDPR) and are responsible as “controller” of that personal information for the purposes of those laws. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

What personal information do we collect?

Personal information collected will depend on the circumstances of collection and the services provided to you and may include:

  • Identification details such as name, birth date, age and gender;

  • telephone number and other contact details;

  • email address;

  • personal driving data, home energy data, home energy preferences and consumption data, vehicle purchasing preferences and customer behavioural data

  • vehicle travel data, vehicle garaging data (de-identified) and vehicle trip logging information 

  • vehicle insurance and financing details

  • your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;

  • details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;

  • any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;

  • information you provide to us through customer surveys; 

  • if you are applying for employment with us, personal information that is relevant to such employment; and

  • any other personal information that may be required in order to facilitate your dealings with us.

How do we collect information?

We may collect these types of personal information either directly from you, or from third parties. We may collect this information: 

  • when you register on our website or app;

  • when you communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;

  • when you interact with our sites, services, content and advertising; 

  • from third parties including those under the heading “To whom we disclose your Personal Information”, which include our associated companies, our service providers and other third parties so that we may provide an enhanced and more relevant user experience, product or service to you; and

  • through use of our software or apps in which personal information is stored

We also use software cookies to tell us how you use our website and how we can help you.

Why do we collect, use and disclose personal information?

We may collect, hold, use and disclose your personal information for the following purposes:

  • to provide services to you to assist you when purchasing an electric vehicle and to make better decisions about products and services related to electric vehicles including energy products, finance and insurance; 

  • to facilitate the development of low carbon transport initiatives in Australia and/or the United Kingdom;

  • to enable you to access and use our website, services and apps;

  • to operate, protect, improve and optimise our website, services and apps business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;

  • to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;

  • to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;

  • to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners; and

  • to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

Where the EU GDPR applies we rely on the following lawful reasons to collect and use your personal information and, on occasion, more than one lawful reason (basis) set out below may apply to the processing:

  • our legitimate interests in marketing and providing our goods and services for both our benefit and that of our customers and other third parties interested in what we provide;

  • to perform or enter into any contract we may have with you;

  • to comply with our legal obligations;

  • to protect your vital interests or that of another person (e.g. in an emergency); or

  • where you consent to the processing where we ask you to (e.g. for certain sorts of marketing or other processing where the law either requires this or where it is our policy from time to time to seek consent for such processing).

Do we use your personal information for direct marketing?

We and/or our carefully selected business partners may send you direct marketing communications and information about our services This may take the form of emails, SMS, mail or other forms of communication, in accordance with applicable legislation. 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 (e.g. an unsubscribe link).

To whom do we disclose your personal information?

We may disclose personal information for the purposes described in this privacy policy to:

  • our employees and related bodies corporate;

  • third party suppliers and service providers engaged in connection with providing our products and services to you (including providers for the operation of our websites, third party web mail servers and developers of various tools in connection with the provision of our services)

  • operators of third party web sites, co-branded websites and applications

  • professional advisers, dealers and agents;

  • our existing or potential business partners, including various governmental and non-governmental agencies involved in the development of low carbon transport initiatives in Australia and/or the United Kingdom and providers of transportation services

  • our sponsors or promoters of any competition that we conduct via our services;

  • anyone to whom our assets or businesses (or any part of them) are transferred;

  • specific third parties authorised by you to receive information held by us; and/or

  • other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

Disclosure of personal information outside Australia

We may disclose personal information outside of Australia to our related bodies corporate located in the United Kingdom and to our business partners and third party suppliers and developers involved in developing our products in the United Kingdom and Ireland and certain business partners located in the United Kingdom. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles. Where the EU GDPR applies to any transfer of personal information, either by us or by any third party to whom we provide your personal information, such transfer will (unless the European Commission considers their laws adequate) be subject to appropriate or suitable relevant safeguards (such as a legally binding contract containing European Commission-approved model clauses or terms consistent with them or, for transfers to the US, the EU-US Privacy Shield). These safeguards will apply to the extent required under the EU GDPR and are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. If you have any queries about the basis upon which we may transfer your personal information outside of Australia, please contact us using our contact details below.

Using our website and cookies

We may collect personal information about you when you use and access our website. While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.  We may also use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so. We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. For example: 

  • access to your personal information is protected by strict user logins and only a limited number of people that need access to, and use of, personal data in order to perform their work shall have access to your personal information;

  • other information security protocols are in place with respect to handling and sharing personal information such as using secure networks, using encryption in certain cases and secure storage of personal data

  • Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;

  • All employees and other parties working on behalf of the Company handling personal data will be bound by contract to comply with applicable privacy legislation and the Company’s Privacy Policy;

  • All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Company arising out of applicable Privacy legislation

However, we cannot guarantee the security of your personal information.

Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the information below | the contact us function. 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.

Data disposal and retention

We will continue to store and hold your personal information indefinitely, until such time as we no longer need it for any purpose for which the information may be used or disclosed under this Privacy Policy or under applicable privacy or data protection laws or, if earlier, and subject to the next paragraph, a reasonable time after you ask us to delete it. We typically retain data for as long as we are providing goods or services to you and for a period of up to six years (or longer if the legal limitation period is greater). We will destroy, delete or de-identify your personal information within a reasonable time after the end of this period unless we are required to retain it by law.

Your rights under the EU GDPR (if applicable)

Under the EU GDPR (where it applies to you), you have a number of important rights free of charge. In summary, those include rights to:

  • fair processing of information and transparency over how we use your use personal information that this Privacy Policy is already designed to address

  • access to your personal information and to certain other supplementary information

  • require us to correct any mistakes in your information which we hold

  • require the erasure of personal information concerning you in certain situations

  • receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations

  • object at any time to processing of personal information concerning you for direct marketing

  • object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you

  • object in certain other situations to our continued processing of your personal information

  • where the processing is based on your consent you may withdraw your consent at any time

  • otherwise restrict our processing of your personal information in certain circumstances.

For further information on each of those rights, including the circumstances in which they apply, see for example the Guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under the General Data Protection Regulation. If you would like to exercise any of those rights, please:

  • email us (contact details below) and let us have enough information to identify you (such as name and registration details)

  • let us have proof of your identity and address

  • let us know the information to which your request relates, including any account or reference numbers, if you have them.

Making a complaint

If you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out below.  Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and 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. If, for any reason you do not wish to complain to us initially or if you are unhappy with how we propose to resolve your complaint, then complaint may also be made to the Office of the Australian Information Commissioner. Please note that where it applies, the EU GDPR also gives you right to lodge a complaint with a supervisory authority, in particular in the EU (or European Economic Area) member state where you work, normally live or where any alleged infringement of data protection laws occurred.

Contact us

For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below: Ashley Mutch, Privacy Officer By email to: amutch@evenergi.com Or by mail to:  (in Australia) Evenergi Pty Ltd, Suite 561, 41/464 – 480 Kent Street, Sydney, NSW, 2000, Australia  (in the EU) Evenergi UK Ltd, 35 Ballards Lane, London, N31XW, United Kingdom

2. Aims and objectives

2.1  The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the GDPR.

 

 

2.2  In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.

2. Aims and objectives

2.1  The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the GDPR.

2.2  In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.

3. Scope

3.1  This Policy applies to all personal data held the Company and by third-party

data processors processing personal data on the Company’s behalf.

 

3.2  Personal data, as held by the Company is stored in the following ways and in the following locations:

a)  Third-party servers, operated by is Amazon web services in Ireland

b)  Within the servers of intercom, mailchimp, getresponse

c)  Laptop computers and other mobile devices provided by the Company to its employees;

d)  Computers and mobile devices owned by employees, agents, and sub- contractors.

4. Data Subject Rights and Data Integrity

All personal data held by the Company is held in accordance with the requirements of the GDPR and data subjects’ rights thereunder, as set out in the Company’s Data Protection Policy.

 

4.1  Data subjects are kept fully informed of their rights, of what personal data the Company holds about them, how that personal data is used, and how long the Company will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined).

 

4.2  Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict the Company’s use of their personal data, the right to data portability, and further rights relating to automated decision-making and profiling.

5. Technical and Organisational Data Security Measures

5.1 The following technical measures are in place within the Company to protect the security of personal data.

Please refer to Parts 22 to 26 of the Company’s

 

Data Protection Policy for further details:

a)  All emails containing personal data must be encrypted;

b)  All emails containing personal data must be marked “confidential”;

c)  Personal data may only be transmitted over secure networks;

d)  Personal data may not be transmitted over a wireless network if there is a reasonable wired alternative;

e)  Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself and associated temporary files should be deleted;

f)  Where personal data is to be sent by facsimile transmission the recipient should be informed in advance and should be waiting to receive it;

g)  Where personal data is to be transferred in hardcopy form, it should be passed directly to the recipient;

h)  All personal data transferred physically should be transferred in a suitable container marked “confidential”;

i)  No personal data may be shared informally and if access is required to any personal data, such access should be formally requested from the data protection officer.

j)  All hardcopies of personal data, along with any electronic copies stored on physical media should be stored securely;

k)  No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without authorisation;

l)  Personal data must be handled with care at all times and should not be left unattended or on view;

m)  Computers used to view personal data must always be locked before being left unattended;

n)  All electronic copies of personal data should be stored securely using passwords and encryption;

o)  All passwords used to protect personal data should be changed regularly and should must be secure;

p)  Under no circumstances should any passwords be written down or shared. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;

q)  Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the data controller to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.

 

5.2 The following organisational measures are in place within the Company to protect the security of personal data. Please refer to Part 27 of the Company’s Data Protection Policy for further details:

 

r) Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Company;

s)  All employees and other parties working on behalf of the Company handling personal data should exercise care and caution when discussing any work relating to personal data at all times;

t)  Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;

u)  The performance of those employees and other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;

v)  All employees and other parties working on behalf of the Company handling personal data will be bound by contract to comply with the GDPR and the Company’s Data Protection Policy;

w)  All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Company arising out of the GDPR and the Company’s Data Protection Policy;

x)  Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under the GDPR and/or the Company’s Data Protection Policy, that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

6. Data Disposal

Upon the expiry of the data retention periods set out below in Part 7 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:

6.1  Personal data stored electronically (including any and all backups thereof) shall be deleted;

6.2  Special category personal data stored electronically (including any and all backups thereof) shall be deleted;

6.3  Personal data stored in hardcopy form shall be shredded;

6.4  Special category personal data stored in hardcopy form shall be shredded

7. Data Retention

7.1  As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.

 

7.2  Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.

 

7.3  When establishing and/or reviewing retention periods, the following shall be taken into account:

a)  The objectives and requirements of the Company;

b)  The type of personal data in question;

c)  The purpose(s) for which the data in question is collected, held, and processed;

d)  The Company’s legal basis for collecting, holding, and processing that data;

e) The category or categories of data subject to whom the data relates;

 

7.4  If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.

 

7.5  Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).

7. Data Retention

7.1  As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.

 

7.2  Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.

 

7.3  When establishing and/or reviewing retention periods, the following shall be taken into account:

a)  The objectives and requirements of the Company;

b)  The type of personal data in question;

c)  The purpose(s) for which the data in question is collected, held, and processed;

d)  The Company’s legal basis for collecting, holding, and processing that data;

e) The category or categories of data subject to whom the data relates;

 

7.4  If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.

 

7.5  Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).

8. Role and responsibilities

8.1  The Company’s Data Protection Officer is Ashley Mutch, email address:

amutch@evenergi.com.

 

8.2  The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection-related policies (including, but not limited to, its Data Protection Policy), and with the GDPR and other applicable data protection legislation.

 

8.3  The Data Protection Officer shall be directly responsible for ensuring compliance with the above data retention periods throughout the Compahy

 

8.4  Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Protection Officer.

Implementation of Policy

This Policy shall be deemed effective as of 25th May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

 

This Policy has been approved and authorised by:

 

Name: Daniel Hilson
Position: CEO
Date: 25th May 2018 25th May 2019
Due for Review by:

Signature:

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Australia

Suite 561
41/464-480 Kent Street

Sydney NSW 2000

United Kingdom

Evenergi UK Ltd

35 Ballards Lane

London N3 1XW

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Renault Open Lab Innovation 

3 passage Saint Pierre Amelot

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