Privacy notice

This is the privacy policy for the PHSH App

We develop and maintain the PHSH app (the “App”).

“We” are Mixergy Limited, a company registered in the United Kingdom with registration number 09137387, whose registered offices are at 30 Upper High Street, Thame, Oxfordshire OX9 3EZ.

This Privacy Notice sets out the basis on which any personal data which you provide to us here at Mixergy, through the App and related activities, will be used by us in our capacity as the controller of that data. Please read this Notice carefully and ensure that you understand our rights and responsibilities under it.

Summary

Full details are set out in the relevant sections of this Notice below, but in summary:

• We treat your data with utmost care with respect to security and privacy;
• Mostly we receive personal data relating to you from you directly, but it may occasionally be provided to us by third parties with whom you have a separate relationship (such as Persimmon or your utility provider);
• We use your data to provide Persimmon’s Home Energy Management System to you, correspond with you, meet our legal obligations and improve our App and products and services. We may also use your data in the performance of contracts with third parties (for example, in feeding back generic home energy management information to Persimmon);
• We only provide your personal data to third parties for our limited operational or business purposes or as permitted by law. We don’t share your data with third party advertisers;
• We store data for specified periods for our limited operational or business purposes;
• You have certain rights, prescribed by law, in relation to the processing of your data, such as rights to request access, rectification or deletion of your personal data;
• The App uses cookies or similar technology; and
• You can contact us to enquire about any of the contents of this Privacy Notice.

Please note that references in this Privacy Notice to Persimmon are to Persimmon Homes Limited (company number 4108747) of Persimmon House York YO19 4FE. Where we exchange your personal data with  Persimmon in accordance with the provisions of this Privacy Notice, Persimmon is acting as an independent data controller and you should refer to the Persimmon Privacy Notice at www.persimmonhomes.com/privacy-policy for details of how Persimmon use your data.

1. Introduction

1.1    In this Notice we explain how we will handle your personal data.

1.2    The App may incorporate privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit some other uses of your information depending on the controls we have implemented from time to time.

2. How we use your personal data

2.1    In this Section 2 we have set out:

(a)    the general categories of personal data that we may process;

(b)    in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c)    the purposes for which we may process personal data; and

(d)    the legal bases of the processing. When we refer to a “legal basis”, we mean the provision of the UK General Data Protection Regulation under which we conduct the relevant processing. Where we refer to consent as our basis for processing, we mean your specific consent to such processing, where we have requested this and you have provided it by affirmative means (e.g. tick box).

2.2    Where appropriate, we may process data about your use of the App and our products and services (“usage data“). Where possible, we pseudonymise all personal data and take all reasonable endeavours to hold it in a secure fashion. The data we process may include:

(a)    in relation to the use of the App, your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your use. This data is obtained through our analytics tracking system; and

(b)    in relation to the use of Persimmon’s home energy management systems, data relating to the use of key home energy devices such as: your hot water tank, heat pump, electricity meter and electric vehicle charger, showing the energy and water consumption in relation to any of these systems associated with your account or address at different times of day. This data is obtained via the technology embedded in your home hub control system and other home energy devices (such as those listed above). We may also process unique ID references for each home energy management device.

In each case the legal basis for this processing is our legitimate interests, namely monitoring, analysing and improving the App, our products, Persimmon’s Home Energy Management System, and services. The core motivation for using your data in this way is to ensure that your Persimmon home can operate in the most efficient manner whilst ensuring the best in human comfort. Often usage data will be aggregated in such a way that it contains no information pertaining to an individual at all: if so, then it will not be personal data and will no longer be governed by this Privacy Notice.

The ID reference for one of our products may be associated with a particular address or user account, such that the usage data is associated with an address. We ask our registered account holders to notify us when they move house, so that we can avoid receiving usage data relating to new residents before they have entered into an agreement with us.

2.3    We may process your account data (“account data“). being the information provided to us when you register an account via the App. This may include your name, email address, password, and phone number as well as additional non-personal information such as your utility provider, current tariff or information regarding the usage patterns or energy consumption associated with your home energy devices. We only obtain account data from you directly, and it may be processed for the purposes of operating our App, providing our products and services, ensuring the security of our App and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is:

(a)    in connection with the account data necessary for us to provide our products or services to you, the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract; and

(b)    otherwise, your consent to such processing.

2.4    We may process your personal data that is provided to us in the course of your use of our, or Persimmon’s  services (“service data“), whether by you or by Persimmon. The service data may include your name, address and contact details, and the home energy device ID number. The source of the service data is you or Persimmon. The service data may be processed for the providing our services, ensuring the security of the App and our services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is either the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract, our legitimate interests or, where we have no contract with you, your consent to such processing in relation to any contract you may have in place with Persimmon.

2.5    We may process information contained in any enquiry you submit to us regarding products and/or services (“enquiry data“). This may be processed for the purposes of offering, marketing and selling relevant products and/or services to you. The legal basis for this processing is your consent.

2.6    We may process (or enlist the assistance of a third party to process) information relating to transactions, including purchases of goods and services, that you enter into with us through our App or otherwise (“transaction data“). This may include your contact details, your card details and the transaction details (although typically we will not have any access to your card details, and these will only be available to our payment processing service provider). The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.7    We may process information contained in or relating to any communication that you send to us (“correspondence data“). This may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of the App, our business and our communications with users.

2.8    We may process any of your personal data identified in the other provisions of this Privacy Statement where necessary in connection with legal claims. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.9    In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.10  Please do not supply any other person’s personal data to us, unless we prompt you to do so.

3. Providing your personal data to others

3.1    We may disclose your personal data to our insurers and/or professional advisers as necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.

3.2    We may disclose personal data to our suppliers or subcontractors, or to third parties with whom you have a contractual relationship (such as Persimmon) where reasonably necessary for the performance of any contract with you (whether that contract is entered into between you and us, or between you and a third party including Persimmon). For example, we may disclose:

(a)    account data and/or service data to entities which install or maintain our Home Energy Management system and associated devices, or to third parties such as Persimmon, utility providers or aggregators;

(b)    transaction data to our payment processing service providers, to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds;

(c)    any personal data in our possession or control to organisations which host the servers on which our data is stored. Currently hosting services are provided to us by Google Ireland Limited, and the relevant servers are located in the United Kingdom;

(d)    enquiry and correspondence data to our email service providers, on whose servers our correspondence may be stored temporarily or backed up longer-term. Currently email services are provided to us by Microsoft 365.

3.3 If you have Grid Assistance enabled on your tank, we will help National Grid with “demand side response”: a process of trying to level out the country’s energy usage. To do this, we share device-level data with Centrica Business Solutions, which may then pass it on to National Grid. For more information, please see Centrica Business Solution’s privacy notice here.

4. International transfers of your personal data

4.1    In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the UK and European Economic Area (EEA).

4.2    The hosting facilities for our Site, App, email services, and systems are located within the UK and/or the EEA.

4.3    Some of the other third parties to whom we may transfer your personal data, discussed in Section 3, may be located outside the UK or EEA or may transfer your personal data to their own service providers located outside the UK or EEA.

4.4    Where data is transferred outside the UK or EEA, then we will ensure that transfers will only be made to countries in respect of which the UK Information Commissioner’s Office or the European Commission (as applicable) has made an “adequacy decision”, or otherwise will only be made with appropriate safeguards, such as the UK International Data Transfer Agreement or use of standard data protection clauses adopted or approved by the European Commission (plus the UK Addendum in respect of transfer from the UK. You may contact us to enquire about such safeguards so that you may obtain a copy of them or so that we may direct you to them.

5. Retaining and deleting personal data

5.1    This Section 5 sets out our data retention policies, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.3    We will retain and delete your personal data as follows:

(a)    all account and service data will be retained for as long as we provide products or services to you, or as long as you have an account with us. Twelve months after the end of such period it will be deleted from our systems;

(b)    enquiry and correspondence data will be retained in accordance with our email archiving policies. Typically this will provide for data to be archived after twelve months, and deleted entirely after six years;

(c)    transaction data will be retained for six years; and

(d)    usage data will be retained for as long as we provide products or services to you, or as long as you have an account with us. Twelve months after the end of such period it will be deleted from our systems. As an exception, usage data relating to tank performance, or aggregated usage data from which no individual can be identified, may be retained by us indefinitely, as this provides us with important insights into user behaviour and is a significant business asset.

5.4    We may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6. Amendments

We may update this Notice from time to time by publishing a new version on the listing page for the App. You should check occasionally to ensure you are happy with any changes to this Privacy Notice, although we will notify you of material changes to this Notice using the contact details you have given us.

7. Your rights

7.1    In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. You can read guidance from the Information Commissioner’s Office at https://ico.org.uk/ for a fuller explanation of your rights.

7.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)    the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

7.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, to access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

7.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

7.5    In some circumstances you have the right to the erasure of your personal data. These might include if:

(a)    the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;

(b)    you withdraw consent to consent-based processing;

(c)    the processing is for direct marketing purposes.

However, there are certain general exclusions of the right to erasure, for example  where processing is necessary for compliance with a legal obligation; or in connection with legal claims.

7.6    In some circumstances you have the right to restrict the processing of your personal data. Where processing has been restricted on this basis, we may continue to store your personal data and will observe the restrictions on processing except in the case of processing permitted by applicable law (for example, in connection with legal claims or for reasons of public interest).

7.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for:

(a)    the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or

(b)    the purposes of the legitimate interests pursued by us or by a third party.

If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing is for legal claims.

7.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

7.9    To the extent that the legal basis for our processing of your personal data is consent, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

7.10  If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection, which in the UK is the Information Commissioner’s Office (the “ICO”).

7.11  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

7.12  You may exercise any of your rights in relation to your personal data by written notice to us.

8. About cookies

8.1    A cookie or similar technology (“Cookies”) is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser or app and is stored by the browser or app. The identifier is then sent back to the server each time the browser or app requests a page or information from the server.

8.2    Cookies may be either “persistent” cookies or “session” cookies: a persistent Cookie will be stored by a web browser or app and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session Cookie, on the other hand, will expire at the end of the user session, when the web browser or app is closed.

8.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

9. Cookies that we use

9.1    We may use Cookies for the following purposes:

(a)    authentication – we use Cookies to identify you when you use the App and as you navigate the App;

(b)    status – we use Cookies to help us to determine if you are logged into the App;

(c)    security – we use Cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our App and services generally; and

(d)   analysis – we use Cookies to help us to analyse the use and performance of the App.

10. Cookies used by our service providers

10.1  Our service providers use Cookies and those Cookies may be stored on your device when you use the App.

10.2  We use Google Analytics to analyse the use of the App. Google Analytics gathers information about App use by means of cookies. The information gathered relating to the App is used to create reports about the use of the App. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.

1. Our details

12.1  The App is owned and operated by Mixergy Limited.

12.2  We are registered in England and Wales under registration number 09137387, and our registered office is at 30 Upper High Street, Thame, Oxfordshire, OX9 3EZ. Our VAT number is 211672830.

12.3  Our principal place of business is at 2 Canal View, Wharf Farm, Eynsham Road, Cassington OX29 4DB.

12.4  You can contact us:

(a)    by post, using the postal address given above;

(b)    using the contact form in the App; or

(c)    by telephone, on the contact number published in the App from time to time; or

(d)    by email, using the email address published in the App from time to time.

13. Third Parties and Security

13.1  Although we do our best to ensure the security of personal data provided to us (and to use only reputable service providers), any transmission of data via the Internet is by its nature insecure and we cannot guarantee the security of any personal data you provide to us.