Smug - Privacy Policy

1. Introduction

This privacy policy sets out how Midsummer Energy Ltd (‘Midsummer’) uses and protects personal information you provide when using the Smug app and related services.

We have a separate Privacy Policy for our e-commerce websites and software design platforms. Please visit midsummerwholesale.co.uk for information on the other services that we provide and the terms and conditions and privacy policy that apply to them.

If you have any questions about this privacy policy please contact us at hello@smug.energy.

2. About us

Midsummer Energy Ltd is a company registered in England and Wales (company number: 07427197), whose registered office address is at Midsummer Energy Ltd, Cambridge Road Industrial Estate, Milton, United Kingdom, CB24 6AZ. MIdsummer Energy is the controller in relation to your data.

Smug is a mobile and web application provided by Midsummer that allows you to monitor and optimise your home energy use.

3. The data we collect about you

We may collect, use, store and transfer different kinds of personal data about you as follows:

Identity Data includes your name, job title and company you work for as entered into forms on our website, or when you email or otherwise contact us.
Contact Data includes email addresses and telephone numbers as entered into forms on our website, or when you email us or otherwise contact us.
Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location and other identifiers or settings on the devices you use to access our services.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We may also collect the following information and data:

How much electricity your system is generating, how much you are exporting to the grid, and (if you have a battery) the state of charge of your battery and whether it is charging or discharging;
Your home address (to forecast sunshine, and therefore solar generation, to feed into the smart battery control algorithm);
Details about your grid electricity tariff, for example the per-unit rate you pay at each time of day (to enable the smart-battery control algorithm to top up your battery during periods of cheap grid electricity, and potentially export during periods when the export rate is high);
The serial number(s) or other identifiers of your inverter and its wifi dongle (to link your solar system to our app);
API keys and other identifiers that allow us to communicate with the manufacturers of your solar battery systems

4. When and how do we collect the data?

We collect data:

When you input the data into our App or website or otherwise provide it to us in relation to using the App and Services.
Automatically at regular intervals from the manufacturer of your inverter / battery storage system and from your energy supplier.
In certain situations, we collect data from your smart meter.

5. How do we use the data collected?

We will only use your personal data at the times and in the ways that the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

where you have consented before the processing;
where we need to deliver the Services to you in accordance with the Terms of Use;
where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
where we need to comply with a legal or regulatory obligation.

We use the data collected via the App and from your use of the Services as follows:

to display in your App, so you can monitor your Home Energy System;
to enable our smart battery control algorithm to optimise your battery charge/discharge times with a view to helping you save money on your electricity bills;
to monitor your use of the App and the effectiveness of your Home Energy System and our smart battery control algorithm;
for analytics purposes, so we can find the cause of any problems with your Home Energy System, and help you make choices about other smart energy investments in the future; and
to help us improve the App and Home Energy System optimisation software.

We will only use your personal data for the purposes for which we collected it which include the following:

to deliver the Services to you and allow the App and Home Energy System optimisation software to function;
to register your interest in our products and services;
to manage your relationship with us;
to improve our App, products/services, marketing or customer relationships; and
to recommend products or services which may be of interest to you.

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.

6. How we share your personal data

We may share your personal data with external third parties such as our customer relationship management software providers, email and storage providers and other IT service providers. This includes Zoa Technologies Ltd, with whom we have partnered to develop the App.

Where we are acting as a data processor for a data controller (such as your energy supplier), we will also share your personal data back with the data controller.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7. Third Party Processors

We use third party processors (such as the manufacturer of elements of your Home Energy System such as the inverter) to obtain information and some personal data. We may share personal data with third party processors in order to deliver the Services as set out above and to maintain and improve the App and Services.

8. International transfers

Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

9. Data security

All information you provide to us is stored on our secure servers or those of our partners.

Where you have chosen a password that enables you to access the App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

10. Data retention

We may retain information you provide us indefinitely, unless legal requirements dictate otherwise.

In some circumstances you can ask us to delete your data. See the section entitled ‘Your legal rights’ below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

In the event that you do not use the App for a period of 12 months we will treat the account as expired and your personal data may be deleted.

11. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to receive a copy of the personal data we hold about you and the right to make a complaint at any time to the Information Commissioner’s Office, the UK regulator for data protection issues (www.ico.org.uk). You also have the right to withdraw consent at any time where we are relying on consent to process your personal data.

However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.