Yealm Community Energy Privacy Policy & Notice

This is the privacy notice of Yealm Community Energy. In this document, “we”, “our”, or “us” refer to Yealm Community Energy Limited, a community benefit society.

We are a mutual society registered by the UK Financial Conduct Authority with registration number 7173. You can find out more about us on the FCA Mutuals Register

Our registered office is at 1 Popplestone Park, Brixton, Plymouth PL82DS but we operate in the 5 parishes of Brixton, Holbeton, Newton and Noss, Wembury and Yealmpton, all in South Devon, UK.

We are registered with the UK Information Commissioner’s Office. Registration reference ZB550757.

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Introduction

This privacy notice aims to inform you about how we collect and process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information. It tells you about your privacy rights and how the law protects you.

We are committed to protecting your privacy and the confidentiality of your personal information. Our policy is not just an exercise in complying with the law, but a continuation of our respect for you and your personal information.

We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.

Our policy complies with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR).

The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data. We do this now, by requesting that you read the information provided. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

1. Data we process

We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows:

• Your identity includes information such as first name, last name, title, date of birth, and other identifiers that you may have provided at some time.

• Your contact information includes information such as address, email address, telephone numbers and any other information you have given to us for the purpose of communication or providing you with a service.

• Your financial data includes information such as your bank account and payment card details.

• Transaction data includes details about investment applications and investments made by you in our society or communications to and from you and information about your use of our services.

• Technical data includes your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

• Marketing data includes your preferences in receiving information from us about our investment opportunities and other services; newsletter preferences; communication preferences; responses and actions in relation to your use of our services.

• We may aggregate anonymous data such as statistical or demographic data for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity.

• For example, we may aggregate profile data to assess interest in a product or service.

• However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this privacy notice.

2. Special personal information

Special personal information is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.

We do not collect any special personal data about you.

3. If you do not provide the personal information we need

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract. In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

4. Information we process because we have a contractual obligation with you

When you invest in our society, buy a service from us, accept a voluntary, consultancy or paid role, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

• verify your identity for security purposes,

• manage your investment application and/or your investment,

• provide you with other services,

• process your application for a volunteering, consultancy or employment role and, if you are successful, manage you in that role,

• provide you with suggestions and advice on products, services and how to obtain the most from using our website.

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

5. Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our society, including our investment opportunities, our services and our volunteering, consultancy and/or job opportunities, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us at our email address or via our website. However, if you do so, you may not be able to use our website or our services further.

6. Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

• whether the same objective could be achieved through other means,

• whether processing (or not processing) might cause you harm,

• whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so.

For example, we may process your data on this basis for the purposes of:

• record-keeping for the proper and necessary administration of our society,

• responding to unsolicited communication from you to which we believe you would expect a response,

• protecting and asserting the legal rights of any party,

• insuring against or obtaining professional advice that is required to manage our society’s risks,

• protecting your interests where we believe we have a duty to do so.

7. Information we process because we have a legal obligation

Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

8. Information provided on the understanding that it will be shared with a third party

Our social media portals allow you to post information with a view to that information being read, copied, downloaded, or used by other people.

Examples include:

• posting a message or comment,

• tagging an image,

• clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks.

In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.

We do not specifically use this information except to allow it to be displayed or shared.

We do store it, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at our email address or via our website.

9. Complaints regarding content on our website

If you complain about any personal data on our website, we shall investigate your complaint.

If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.

10. Information relating to your method of payment

Payment data about investments in our society and associated interest are managed for us by our business partners. We will update this section of our privacy policy prior to making investment available.

11. Volunteering, Consultancy and Job applications and related contracts

If you send us information in connection with a volunteering, consultancy or job application, we may keep it in case we decide to contact you at a later date.

If we use your services, we collect information about you and your work from time to time throughout the period of this relationship. This information will be used only for purposes directly relevant to your volunteering, consultancy or employment. After your volunteering, consultancy or employment has ended, we will keep your file for up to six years (or any longer time required by law) before destroying or deleting it.

12. Communicating with us

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our society.

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you.

13. Complaining

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

14. Cookies

Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Our website might use cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

15. Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are only recorded by our website hosting service.

We use this information in aggregate to assess the popularity of the webpages on our website.

16. Our use of re-marketing

Re-marketing involves placing a cookie on your computer when you browse our website in order to be able to serve to you an advert for our products or services when you visit some other website.

We may use a third party to provide us with re-marketing services from time to time. If so, then if you have consented to our use of cookies, you may see advertisements for our products and services on other websites.

17. Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.

18. Data may be processed outside the UK

We do not directly transfer any of your personal data outside UK. However, some of our data processors may do so and this section explains the impact of these international transfers and how your information is protected.

Many of our data processors operate “cloud-based systems”, which means the information is held in information data centres in different locations. Some of them reserve the right to hold copies of your personal information outside the UK. Please note that the reason companies may choose to do this is to hold back-up copies, so they can guarantee recovery.

We use the following safeguards with respect to data transferred outside the UK:

• we are certified under an approved certification mechanism as provided for in the Act.

• both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements.

19. Your right over your personal data under the GDPR

You have the right to request a copy of all personal data we hold relating to you. You also have the right to require us to correct any mistakes in the personal data we hold relating to you.

Where we are processing your data based on your consent you can withdraw that consent and we must immediately stop processing your data. Please note that up to that point, we’re acting lawfully with your consent, withdrawal of consent cannot be backdated.

You also have the right to object where we are processing your personal data for direct marketing purposes. The easiest way to do this is to use the unsubscribe links at the bottom of all marketing emails.

In certain situations, you have the right to require us to erase personal data where there is no good reason for us continuing to process it. However, note that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Other matters

20. Use of site by children

We do not sell products or provide services for purchase by children, nor do we market to children. We request forms of identifications before accepting investment applications.

21. How you can complain

If you are not happy with our privacy policy or if you have any complaint then you should tell us.

If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/  . We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.

22.  Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

• to provide you with the services you have requested;

• to comply with other law, including for the period demanded by our tax authorities;

• to support a claim or defence in court.

23. Compliance with the law

Our privacy policy complies with the law in the United Kingdom, specifically with the Data Protection Act 2018 (the ‘Act’) accordingly incorporating the EU General Data Protection Regulation (‘GDPR’) and the Privacy and Electronic Communications Regulations (‘PECR’).

24. Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

If you have any question regarding our privacy policy, please contact us through our website or email address specified on our website.

How to contact us

If you have any questions about our data privacy, please get in touch with us at

info@yealmenergy.co.uk  or www.yealmenergy.co.uk