As part of the provision of the Saveawatt Product, we will collect and store your personal information in your own Personal Cloud. However, we operate on the principle that you control your personal information and decide to whom your personal information is shared and for what purpose. The protection of your personal information is fundamental to the way we operate and we are committed to providing a secure environment for you to store your personal information and share it with others.
‘Energy Retailer’ means a person or corporate that is carrying on any business with the purpose of being a “retailer”, (as that term is defined under the Electricity Industry Act 2010), and is registered as an “industry participant” (as that term is defined under the Electricity Industry Act 2010) on the register of industry participants maintained by the Electricity Authority under section 27 of the Electricity Industry Act 2010.
‘Enterprise’ means any business, company or organisation (including Energy Retailers) with which we have entered into a services agreement that allows that entity to operate and provide services within the Saveawatt CMR Platform, send messages and receive responses and to otherwise exchange information with Users.
‘personal information’ means:
- any information, data, information, records, lists and configurations or communications (including compilations of the foregoing) that relate to or concern you;
- any information that identifies, or may identify, you as an individual, or from which your identity could be reasonably ascertained, including personal information as defined in the Privacy Act 1993; and
- information about your digital devices used to access the Saveawatt Product and about your use of the Saveawatt Product (such as your IP address, location, browser type and user name).
‘our’, ‘us’, and ‘we’ means Save A Watt New Zealand Limited, a registered company in New Zealand with company number 5845387.
‘Saveawatt Account’ means the personal account you create to access and use the Saveawatt Product, with your own personalised log in details and functions.
‘Saveawatt Product’ means the Saveawatt CMR Platform incorporating the MyWave Personal Assistant (also known as ‘Frank’), your Personal Cloud or any other services offered by us as part of the Saveawatt CMR Platform.
‘Third Party Services’ means those third party services offered as part of or under the Saveawatt CMR Platform by an Enterprise.
‘User’ means an individual user of the Saveawatt CMR Platform who has created a Saveawatt Account to use the Saveawatt Product allowing such individual to receive messages and notifications, send responses and share personal information with us and Enterprises.
2. How do we collect your personal information?
2.1 On most occasions, we collect your personal information directly from you or through your use of the Saveawatt Product. For example, personal information may be:
- provided by you through your registration to use the Saveawatt Product and creation of your Saveawatt Account; and
- provided to us by you through any other method (such as the uploading of submitting of personal information in your use of the Saveawatt Product or through correspondence).
2.2 Failure by you to provide personal information when requested or required by us or the Saveawatt Product may result in the Saveawatt Product or certain services not being available to you.
2.3 We may also collect your personal information:
- from an Enterprise, to the extent that the Enterprise is authorised to disclose your personal information to us; and
- from any other entity, thing or process that is authorised to disclose your personal information to us,
and by using the Saveawatt Product and agreeing to the Terms and Conditions you expressly authorise the collection of your personal information from these sources.
We may also collect aggregated information generated by our systems, which tracks traffic and usage of the Saveawatt Product but does not relate to you personally (see section 7 below).
3. What are log files and what do they do?
We use log files in order to enhance your experience with the Saveawatt Product and to analyse trends. Log files gather information, such as which URL you just came from, which URL you visit next, what browser you are using and your IP address. This information is used to analyse trends and to administer and operate the Saveawatt Product.
4. What happens if I use the public postings functions of the Saveawatt Product?
The information that you choose to make public via your use of the Saveawatt Product is able to be viewed by other Users of the Saveawatt Product. If you use the discussion forum or any other public communication function available in the Saveawatt Product, be aware that any personal information that you submit on or through these functions can be viewed and used by other Users of the Saveawatt Product. We take no responsibility for any information submitted in this manner. Further requirements in relation to postings are set out under the ‘Communications Tools’ heading in the base provisions of the Terms and Conditions.
5. Do we collect any other forms of information?
We will have access to and may use other information, such as the number of Users, traffic patterns and demand for the Saveawatt Product, for the purpose of monitoring server and software performance as well as for our other internal purposes. Further, we may collect information about all system interaction between the Saveawatt Product and Users while they are logged in or using the Saveawatt Product. This information is owned by us and may be used to verify actions taken by a User or to better understand the behaviour of Users in order to improve the Saveawatt Product.
6. How do we use your information?
6.1 You control your personal information. However, unless instructed otherwise, your personal information may be used by us (and our employees, officers, agents, contractors and affiliates as defined below) for the following purposes:
- for verifying your identity for use of the Saveawatt Product, to conduct address verification or credit checks for invoicing and billing purposes and to enrich your experience and search ability;
- to assist in providing better services to you by tailoring the Saveawatt Product to meet your needs;
- to provide you with further information about us or other goods or services offered by us or our related companies or which we consider may be of interest to you;
- to provide you with information relating to any Third Party Services offered by an Enterprise;
- to carry out marketing, promotional and publicity purposes (including direct marketing), market research and surveys through opt in by you;
- to keep the Saveawatt Product relevant and of interest to Users;
- to show you advertising and information that is most relevant to you and your interests through opt in;
- for analysis in aggregate form (with identifiable characteristics removed so that you will remain anonymous);
- to allow Energy Retailers to create and tailor electricity offers to you and administer your switches between Energy Retailers; and
- for any other purpose which is stated to you at the time of collection or that you otherwise authorise.
7. To whom can we share or disclose your personal information?
7.1 In relation to personal information we:
- may disclose information about you, including your personal information, to our contractors and suppliers to enable them to provide services and products to us in relation to the Saveawatt Product, including transaction processing services, hosting services and support services; and
- may disclose such information about you, including your personal information, to Energy Retailers as part of our provision of services to you and your use of the Saveawatt Product; and
- reserve the right to disclose your personal information when we believe it is appropriate to comply with the law, facilitate court proceedings or protect our rights.
7.2 You may choose to share your personal information with an Enterprise or Enterprises. You may elect to do so using the functions of the Saveawatt Product and upon such election, you authorise us, through the Saveawatt Product, to disclose the specified personal information to the specified Enterprise or Enterprises.
7.4 Information collected through the Saveawatt Product that is not personal information is owned by us and may be disclosed by us. We may share aggregated demographic information about our base of Users with our affiliates, partners and advertisers.
8. How secure is your personal information?
We take all reasonable technical and organisational precautions to prevent the loss, misuse or unauthorised alteration of your personal information. Security and privacy are of paramount importance to us and ensuring the Saveawatt Product is as secure as possible is a core goal. The Saveawatt CMR Platform has been implemented with a security checklist covering the underlying operating system, the application source code and data transmission. We continue to update our checklist based on best practice and security watch lists like the Web Application Security Consortium and The Linux Foundation recommendations. We also carry out regular security and penetration testing.
At a high level our security checklist includes, but is not limited to, ensuring that all communications must be encrypted and transmitted over a secure transport and encypting all files systems used by the Saveawatt CMR Platform and all the data stored in your Personal Cloud. However, no method of transmitting information over the Internet or of storing it electronically is totally secure. Therefore, due to the nature of the Internet and digital services such as your Personal Cloud, we cannot guarantee the privacy or confidentiality of your personal information. If we discover a security incident that compromises your personal information, we will notify you about it as soon as practicable.
When you provide us with personal information, that information may be collected, stored and processed on servers located outside of New Zealand.
9. What rights of access to and correction of my personal information do I have?
As the owner of your personal information, you have access to your personal information that we hold through your Personal Cloud. The Personal Cloud provides a degree of functionality to access, update and remove your personal information.
As the owner of your personal information, you may also request the correction, or deletion of, your personal information, or any part of it, at any time. However, some aspects of the Saveawatt Product, including the Third Party Services, may no longer be available to you if we, or an Enterprise, cannot access your personal information.
10. How accurate is your personal information?
We take all reasonable steps to ensure that the personal information we store, use and enable you to share is accurate, complete and up to date. However, the accuracy of that information largely depends on the details you give us. Please let us know if there are any errors by simply updating to make any changes.
12. What happens if we sell the Saveawatt Product?
13. What if you are outside of New Zealand?
The information we collect may be processed in and transferred between your location and New Zealand. New Zealand may not have equivalent data protection laws to those in force in your location.
15. How can you contact us?
You can obtain further general information about your privacy rights and privacy law from the Office of the Privacy Commissioner in New Zealand by calling their Privacy Hotline on 0800 803 909, e-mailing them at firstname.lastname@example.org or visiting their website at www.privacy.org.nz.