Privacy Policy

Who we are

Energy Up Pty Ltd ABN 74 738 728 619 (EnergyUp) is a “for profit” company that operates a member network. Amongst other things, we source potential discounts and group switching opportunities for our members for a range of utilities. We receive a commission or fee from the third party providers of products, services or utilities when EnergyUp members take up that product, service or utility.

Our commitment to protecting your personal information

We are committed to complying with our obligations under the Privacy Act (Cth) 1988, including the Australian Privacy Principles.

This Privacy Policy sets out our commitment to protecting your personal information. It outlines how we collect, use, hold and disclose personal information, and how you can contact us if you have any concerns, questions or complaints about our management of your personal information, or if you want to access it.

This policy can be accessed from our website http://www.energyup.com.au. Should you require a copy of this policy in another form please contact us via the contact details set out at the end of the policy and let us know.

In this policy a reference to:

“we”, “our” or “us” means EnergyUp;

a “third party partner” means a:

a. provider, supplier or distributor (or potential provider, supplier or distributor) of a product, service or utility which is (or potentially will be) partnered with us for the purpose of facilitating or initiating the offerings and switching opportunities made to our members; or

b. person or entity who assists us for the purpose of facilitating or initiating, the offerings and switching opportunities made to our members.

Third party partners include (but are not be limited to) intermediaries, lenders, valuers, brokers, insurers (such as health, general and mortgage insurers), utility providers, developers, consumer product and service providers, surveyors, accountants, credit reporting agencies, credit representatives and lawyers.

Personal information

“Personal information” means any information or opinion about you from which your identity is apparent (including any photographs or information you upload on our website), or can reasonably be ascertained.

The types of personal information we commonly collect for the purpose of our functions and activities include:

– identifying and contact information (eg name, age, date of birth, telephone number, email address etc)

– financial information (eg bank account details)

– electricity account information (eg National Metering Identifier, address).

Application of this policy

This policy applies to personal information we collect from or about you. This may occur when you:

– use our website;

– register your interest with EnergyUp;

– become or remain a member of EnergyUp;

– contact EnergyUp;

– participate in an EnergyUp campaign;

– upload any photos or information about yourself on our website;

– apply for a job with us; or

– provide your personal information to us in any other way.

How we collect your personal information

We will generally collect personal information directly from you.

We may obtain personal information about you based on your activity on our website (including through the use of cookies). Personal information about you is only collected with your consent and if it is necessary for or directly related to our functions or activities, except if we are otherwise required or permitted by law to collect, use or disclose it.

If you do not provide the personal information requested by us or a third party partner, you may be unable to enjoy the full benefits of membership with EnergyUp, or participate in, or be notified of, relevant offerings and switching opportunities.

If we receive your personal information without soliciting it we will, within a reasonable period after receiving it, determine whether or not we could have collected it if we had sought it. If so, we will treat it in accordance with this policy.

If we could not have collected it, we will, as soon as practicable and provided it is lawful and reasonable to do so, destroy your unsolicited personal information or ensure that it is de-identified.

Purpose of collecting your personal information

We collect personal information about our members or potential members in order to conduct our business of sourcing, identifying and referring potential member discounts or discount related products or group or individual switching opportunities for our members, and offering and marketing those discounts and opportunities to our members.

Collected personal information is used to facilitate One Big Switch’s functions and activities including:

– to source and identify potential member discounts or group switching opportunities;

– to provide you with information regarding current and future offerings or switching opportunities which we think may be of interest to you;

– to compile data and conduct analysis of member statistics;

– develop our business and operational processes for delivering potential group discount offers and group switching opportunities;

– to manage our ongoing relationship with our members;

– to share experiences, provide commentary and feedback provided by our members on our website (which may also be transferred to other EnergyUp social media (including Facebook);

– to make submissions to governmental departments, private sector organisations or to publish commentary or studies in support of legislative or other private sector reform;

– to administer and process member participation in offerings and switching opportunities;

– to resolve any legal and / or commercial complaints or issues; and

– comply with legal requirements.

Disclosure of your personal information

Subject to this Privacy Policy and any applicable law, we may disclose your personal information to other entities in order to facilitate the purposes for which the personal information was collected. The circumstances in which we may disclose your personal information include where:

– disclosure is to one of our third party partners;

– we have your consent;

– if we are under a legal or regulatory obligation to do so (for example to a Court or Tribunal in response to a request or in response to a subpoena or to the Australian Taxation Office) or to protect the rights and interests, property, or safety of One Big Switch, our members or others;

– all, or substantially all, the assets of EnergyUp are merged with or acquired by a third party, in which case your personal information may form part of the transferred or merged assets;

– we provide or share aggregate or bulk data (such as information about market trends and consumer choice) with other reputable third parties. If we do this, personal information which might identify a particular EnergyUp member will not form part of the aggregate or bulk data;

– we provide stories, commentary or share photos or other personal information you have uploaded on our website onto other social media channels associated with EnergyUp (including Facebook);

– we use a third party service provider to provide services that involve data processing, for example archival, auditing, professional advisory (including legal, accounting, financial and business consulting), mailing house, delivery, technology, website, research, banking, payment, data processing, insurance, marketing and security services.

Where possible, we will inform you, at or before the time of collecting your personal information about other types of organisations to whom we may, with your consent, disclose your personal information. Prior to such disclosures, EnergyUp will take all reasonable steps to satisfy ourselves that:

– the organisation has a commitment to protecting your personal information; and

– where necessary, you have consented to such disclosure.

Some of our third party partners may be located, or may have some of their business functions located, in countries outside of Australia (for example, a third party partner may have a call centre located in Asia) (Overseas Recipients). Currently, there are no Overseas Recipients. We may update this policy from time to time to identify the location of any Overseas Recipients, so please check it regularly. In order to carry out our business functions, including to provide you with the full benefits of membership with EnergyUp, it may be necessary for EnergyUp to disclose your personal information to these Overseas Recipients. Before we do so, we will take such steps as are reasonable in the circumstances to ensure that the Overseas Recipients does not breach Australian privacy legislation in relation to your personal information.

If it is necessary for us to transfer your personal information outside Australia to any other entities or in any other circumstances, we will comply with the relevant privacy legislation relating to trans-border data flows and cross-border disclosures.

Direct Marketing

We or a third party partner may use your personal information to contact you about, among other things:

– potential member discount offers and group switching opportunities for consumer products, services and utilities which we think may be of interest to you;

– changes to our organisation;

– new products, services, utilities or switching opportunities being offered to our members through us or in combination with any third party partner; or

– your membership or potential membership.

You may be contacted in various ways including, but not limited to, email, SMS, instant messaging, telephone, multimedia messaging or other form of electronic communication.

If you do not wish to receive marketing information or be contacted for the purposes outlined above, you can opt out at any time. If you wish to opt out, please contact us via the contact details at the end of this policy and provide us with details of the communication which you no longer wish to receive and your request to be removed from the relevant mailing list. We will take all reasonable steps to meet your request at the earliest possible opportunity.

Accessing and correcting your personal information

You may request access to, and/or correction of, any of the personal information we hold about you at any time by contacting us via the contact details at the end of this policy.

There may be reasonable charges associated with giving you access to your personal information, for example if an extended amount of time is required to collate and prepare material in response to your request. No charge is applied in relation to making a request.

Access to your personal information may be denied on certain grounds including, for example: it is unlawful; it may have an unreasonable impact upon the privacy of other individuals; or your request is frivolous or vexatious. If we deny you access we will provide our reason for doing so

Dealing with us anonymously or by pseudonym

In order for us to successfully do business with you it will not, in most circumstances, be practical for us to deal with you without you providing relevant personal information to us. However, where it is lawful and practicable to do so, you may deal with us anonymously or by using a pseudonym. Such a situation might include where you make a general inquiry about interest rates or current member offers, potential member discount and group switching opportunities.

How we hold your personal information

We will take reasonable steps to protect your personal information by storing it in a secure environment, usually electronically on our servers. When the information is no longer needed for any purpose for which it was collected, used or disclosed, it will be destroyed or permanently de-identified.

We will also take reasonable steps to protect any personal information from misuse, loss, and unauthorised access, modification or disclosure, including by implementing security procedures for access to our business premises and within our offices, as well as IT security procedures including password protection, firewalls and site monitoring.

However, data protection measures are never completely secure, particularly in circumstances where information is transferred via the Internet. We cannot guarantee the security of your information and you must take care to protect your personal information, for example by securely storing your username and password information. You should notify us as soon as possible if you become aware of any security breach.

Adoption use or disclosure of government related identifiers

We will not use Commonwealth government identifiers or electricity account identifiers (e.g. National Metering Identifier) as our own identifier for you. We will only use or disclose such identifiers as permitted under relevant privacy legislation.

Compliance and complaints

If you have any concerns regarding our compliance with relevant privacy or Spam legislation please contact us via email using the contact details at the end of this policy. Your email should set out details of your concerns, and attach any supporting evidence.

When we receive your email, we will investigate the issue internally and contact you within a reasonable time to inform you of the further steps, if any, we will take to resolve your complaint. We may ask you for further information about your complaint. We will notify you in writing of the outcome of our investigation as soon as is practicable.

If you are unhappy with our response you may lodge a complaint with the Australian Communications and Media Authority or the Office of the Australian Information Commissioner as appropriate.

Changing our privacy policy

We regularly review all of our business policies and may change this Privacy Policy from time to time or as the need arises. You should review our policy regularly to ensure that you are aware of any changes to its terms. This Privacy Policy was last reviewed in September 2016.

Contacting us

Please contact us at our offices via the contact details provided below if you want to:

– obtain further information about the way we manage your personal information;

– access your personal information held by us;

– raise a concern or make a complaint regarding how we collect or handle of your personal information;

– correct or update your personal information held by us;

– unsubscribe from any EnergyUp mailing list or have any questions or complaints regarding unsolicited electronic communications which you may have received or are concerned about.

Contact Details: EnergyUp, 26 Field Street, Bentleigh VIC 3204 Email: privacy@energyup.com.au