PRIVACY & DATA PROTECTION POLICY
Smart-E-Grid (with registered office at 3520 Zonhoven, Senator A. Jeurissenlaan 1020 – registered in the Belgian Crossroad bank for Enterprises under the number 0748.975.996) (hereinafter: “Smart-E-Grid “We”) as Data Controller, will only collect, keep, process and transfer (hereinafter: “Processing”) your Personal Data (as indicated below) in accordance with the applicable Belgian and EU privacy legislation including but not limited to the EU Regulation 2016/676 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (hereinafter: “GDPR”).
With this privacy and data protection policy (hereinafter: “Policy”), we describe how we process any information relating to you or allowing your direct or indirect identification (hereinafter: “Personal Data”) in relation to the Smart-E-Grid Power Community, the home battery for power storage (hereinafter: “Battery”) and the agreements that are (to be) signed with Smart-E-Grid relating to the delivery of these products and/or services (hereinafter: “Contract”). In particular we explain how and why we collect your Personal Data, what we do with it, with whom we share it, how we protect it, how long we store it and we inform you of your rights.
If you accept the provisions of this Policy, this means that you agree with how we are processing your Personal Data in the ways set out in this Policy and that you acknowledge that this is necessary for the products/services rendered in execution of the Contract and/or for the purpose of our legitimate interest.
2. WHEN WILL YOUR PERSONAL DATA BE COLLECTED?
We will collect your personal data when you:
- Purchase/use our products and/or services for ex. when providing access into the module of your Battery for the purposes of the Contract.
- Contact us or hand over your Personal data regarding contracts, orders, etc.
3. WHICH OF YOUR PERSONAL DATA WILL BE COLLECTED?
We will collect the following (categories of) your Personal Data with respect to the services of the Smart-E-Grid Power Community and the use of the Battery:
A. Categories of Personal data:
Personal Data you provide to us:
- Identification & contact details: Name, surname, address, e-mail address, phone number
- Location: Your postal, home address, professional address and/or other location where the products/services will be delivered/installed;
- Payment details: Bank account number,…;
- Storage Device ID and the ID of the control unit;
- EAN Number and/or MPAN number (of the electricity supply meter at the property where the Battery is located);
B. Legal Grounds:
- When the processing is necessary for the performance of a contract you are a party to or in order to take the steps at your request to enter into the Contract.
- When processing is necessary for the purposes of our legitimate interest except where our interests are overridden by your fundamental rights and freedoms:
o To provide you with information on our similar products and services and to respond to your questions/complaints/inquiries;
o To compile anonymized statistical data;
- We may occasionally ask you for your specific permission to process some of your Personal Data, and we will only do so if you give your permission. Please note that you can withdraw your consent at any time by sending an e-mail to firstname.lastname@example.org.
- When processing your Personal Data is required to comply with a legal obligation:
o Tax purposes
o Providing information to a public body or law enforcement agency
o Following a court order;
C. Purposes of processing:
We will only process your Personal Data for specific purposes. Please note that we do not intend to further process your Personal Data for a purpose other than described below.
We will process your Personal Data:
- To be able to offer financial benefits to you and allocate them to your energy invoice;
- To be able to provide you with our products/services for ex. (but not limited) to be able to carry out the stabilization of the power grid according to the Contract.
- For all interactions you have with us regarding our products/services. This includes but is not limited to, enter into an agreement with us, to place an order, administrative or technical purposes to ensure the functionality of our products, etc.
- For other interactions we may have with you. For ex. if you contact us with questions, remarks, complaints or other enquiries to respond to your enquiry.
- To maintain accuracy and relevance of your Personal Data;
- For marketing purposes such as the registration for a newsletter;
D. Retention period
We will only store your Personal Data as long as necessary while ensuring appropriate protection of your Personal Data. How long we keep your Personal Data depends on the purpose we use it for as described in this Policy.
After the Contract is terminated, we will remove or anonymize your Personal Data after 5 years at the latest.
4. HOW DO WE PROTECT YOUR PERSONAL DATA?
We have a set of technical and organizational security measures in place to protect your Personal Data against unlawful or unauthorized access or use, as well as against accidental loss or damage to their integrity. These measures have been designed, taking into account our IT infrastructure, the potential impact on your privacy and the costs involved and in accordance with current industry standards and practices.
Your Personal Data will only be processed by a third party if that third party agrees to comply with those technical and organizational data security measures.
5. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
Depending on the purposes for which we collect your Personal Data, we may share your Personal Data with another affiliate or subsidiary of Smart-E-Grid. An up-to-date list of current affiliates and subsidiaries can be found here www.smartegrid.be/affiliates.
Furthermore, for the purpose of providing our services, we may share your Personal Data with other third parties who are our trusted partners in ensuring our operability and the continuity of our services. You can find an up-to-date list of the recipients and/or categories of recipients (for ex.: Grid operator, Energy supplier, etc.) and their respective privacy policies here www.smartegrid.be/affiliates. By signing this Policy, you agree with how our trusted partners are Processing your Personal Data and you acknowledge that transferring the Personal Data to our trusted partners and their Processing of the Personal Data, is necessary for the performance of the Contract and/or the purpose of our legitimate interest.
This data may be shared with partners
- EAN NUMBER
- Serial number assets
6. DO WE TRANSFER YOUR PERSONAL DATA INTERNATIONALLY?
For the purposes of providing our services it is possible that we transfer your Personal Data with third parties in other countries within the European Economic Area.
It is possible that your Personal Data may be transferred to a partner of Smart-E-Grid outside the European Economic Area (EEA). All partners are SOC 2 compliant and have an ISO/IEC 27001 certification. Any transfer to a recipient who has his domicile or registered office in a country which is not covered by an adequacy decision (link), issued by the European Commission, will be under an agreement which covers the requirements for the transfer of personal data outside the EEA, such as the European Commission approved standard contractual clauses (link).
7. WHAT ARE YOUR RIGHTS?
Please note that you have the following rights in relation to our processing of your Personal Data:
- Right to access and correction: you have the right to access your Personal Data. Before providing access, we may ask for proof of identity and the necessary information about your interactions with us for security purposes. If we agree that we are obliged to grant you access, we will do so free of charge but only for your first request. If the Personal Data we hold about you is incorrect, you may always ask us to correct any inaccuracies;
- Right to restrict processing: you have the right to request a restriction of processing if we are not entitled to use your Personal Data (anymore) or if you contest its accuracy;
- Right to object processing: where applicable, you have the right to object to us processing your Personal Data for certain purposes. In particular, you have the right to object to direct marketing (e.g. e-mails) free of charge and without any justification;
- Right to erasure: you have the right to have any of your Personal Data erased (except in some cases, for example, to prove a transaction or when required by law);
- Right to data portability: under certain conditions, you have the right to receive your Personal Data, which you have provided to us, in a commonly used, structured machine readable format and to transmit your Personal Data to any third party of your choice.
- Right to withdraw consent: Where your Personal Data is processed based on your consent, you may withdraw this consent at any time without justification;
You can make a request or exercise these rights by contacting us (see art. 8 for our contact details) and we will make all reasonable and practical efforts to comply with your request, so long as it is consistent with applicable law and professional standards. However please be aware of the fact that the Personal Data (and the Processing) is necessary for the performance of the Contract and/or the purposes of our legitimate interest. This implies that that any adjustment to your initial consent, may result in a termination of the Contract.
We will endeavor to respond within 4 weeks to your request.
8. HOW CAN YOU LODGE A COMPLAINT?
If you do not agree with the way we process your Personal Data, you can always file a complaint with us by e-mail mailto:email@example.com.
If you are not satisfied with our response/solution you – in any case – have the right to lodge a complaint with the Belgian Data Protection Authority acting as the supervisory authority:
1000 Brussels (BELGIUM)
Tel: +32 (0)2 274 48 00
Fax: +32 (0)2 274 48 35
9. CHANGES TO OUR POLICY
We may modify this Policy from time to time to reflect our current privacy practices. We encourage you to periodically review this Policy to be informed on how we process and protect your Personal Data.
This Policy was last updated on January 18th 2023.