Privacy Policy, including Cookie Policy »

Privacy Policy, including Cookie Policy

This Privacy Policy was updated in April 2022.

Gemserv operates the Smart Energy Code (SEC), https://smartenergycodecompany.co.uk/, and the Smart Meter Device Assurance Scheme (SMDA), https://smda-scheme.co.uk/, websites and provides Secretariat functions on behalf of SECCo. We take the privacy of our website users very seriously. We ask that you read this Privacy Policy (“the Policy”) carefully as it contains important information about how we will use your personal information in accordance with the Data Protection Act 2018 or the UK General Data Protection Regulation (“UK GDPR”).

For the purposes of relevant legislation, Gemserv Ltd (“Gemserv”) and SECCo Ltd (“SECCo”) are data controllers in their own right (i.e., responsible for and control the processing of your personal information).

This website is not intended for children, and we do not knowingly collect data relating to children. This website is also not intended to cover personal data processed for recruitment or employment purposes.

Our use of any information we collect about you when you visit this website and use our services will be governed by this Privacy Policy. This Privacy Policy should be read in conjunction with the Terms of Use of this website.

Who are we?

Full company details of SECCo are as follows:

Name: Smart Energy Code Company Limited, Company number 08430267
Registered office address: 8 Fenchurch Place, London, EC3M 4AJ

Full company details of Gemserv are as follows:

Name: Gemserv Limited, Company number 04419878
Registered office address: 8 Fenchurch Place, London, EC3M 4AJ

If you have any questions about this privacy policy or our privacy practices, please email us at dataprivacy@gemserv.com.

Personal information collected

We collect your personal data for the following purposes:

Purpose of ProcessingData TypesLawful Basis
To allow you to accede to the SEC codeName
Email Address
Company Name
Phone Number
Legitimate Interest – Provision of SEC Administration & Secretariat Services
To share your information with ALT Han and the DCC when you accede to the codeName
Email Address
Company Name
Phone Number
Consent
To send documentation to, and ensure quoracy of meetings with, membersName
Email Address
Company Name
Phone Number
Legitimate Interest – Provision of SEC Administration & Secretariat Services
To send out communications to members of Committees and Working GroupsName
Email
Phone Number
Company Address
Legitimate Interest – Provision of SEC Administration & Secretariat Services
To send out communications to SEC PartiesName
Email
Phone Number
Company Address
Legitimate Interest – Provision of SEC Administration & Secretariat Services
To inform SEC Parties and others on their progress under the User Entry ProcessName
Email address
Company Name
SEC Party’s User Roles
Consent
To provide website users with our newsletterName
Email
Phone Number
Company Address
Consent
To carry out assessments under the SECName
Email address
Phone number
Company address
Company Name
User ID
Legitimate Interest – Provision of SEC Administration & Secretariat Services
To register to Codeworks to view the digitised SECName
Party Name
Party Type
Email Address
Company address
Consent
To maintain an operations contact list in relation to critical alertsSEC Party Name
Name
Phone Number
Email Address
Legitimate Interest – Provision of SEC Administration & Secretariat Services
To respond to communications, including enquiries and complaints, received through our website contact form or the SECAS HelpdeskName
Email address
Contents of message and historic communications
Legitimate Interest – Provision of SEC Administration & Secretariat Services
To allow current SMDA members who are not SEC Parties to continue to access SMDA MaterialName
Party Name
Email address
Invoicing address
PO information (if required)
Legitimate Interest – Provision of SEC Administration & Secretariat Services
To allow SEC Parties access to SMDA materialName
Email Address
Company Name
Phone Number
Legitimate Interest – Provision of SEC Administration & Secretariat Services
To update and/or process your details you submit online forms, including the Smart Energy Code (SEC) Party contact form, Change of Party Details form, Security Assessment Application form, etc.Name
Email address
Company address
Phone number
Legitimate Interest – Provision of SEC Administration & Secretariat Services
To register for a user accountName
Company Name
Username
Email address
Temporary Password
Consent
To send you questionnaires and surveysName
Phone Number
Email Address
SEC Party Name
Consent
To process invoicesName
Email address
Bank account details
Legal Obligation – As necessary for financial and tax purposes
To process your application for device testing and process device testing reviews including (final test report, Statement of Assurance and Rectification plan)Name
Company name
Email address
Legitimate Interest – Provision of SEC Administration & Secretariat Services
To be listed as members of committees on our websitesName
Company Name
Consent

We may also conduct data processing:

  • To enforce the terms of any contract between you and us, including our Website Terms of Use;
  • As required by any law or regulation and/or requested by regulatory bodies or law enforcement organisations.

We also collect personal data through Cookies. Please see the Cookies section below for more information, as well as our Cookie Banner.

Disclosure of your information

Your information may be disclosed to any or all of the following:

  • Through business contact information on our website, to other SEC Parties;
  • Our employees, contractors or other personnel;
  • Third-party service providers who may store your personal data or use it in the course of services we request, including our SMDA testing houses, Codeworks for managing the digitised SEC, and Microsoft Dynamics for managing support tickets;
  • The Data Communications Company (DCC) as needed for services that the DCC will provide to you;
  • Alt HAN Co as needed for services that Alt HAN Co will provide to you;
  • The User IPA, Deloitte, for conducting Privacy Assessments;
  • The energy regulator, Ofgem, if needed for regulatory purposes;
  • With DJS Research Ltd for conducting our customer satisfaction survey;
  • As necessary in order to investigate, respond to, and address any issues or complaint raised by you;
  • As otherwise required to enforce the SEC or comply with legal or regulatory obligations or requests, such as with governmental departments such as BEIS and Ofgem;
  • Auditors, contractors or other professional advisers of SECCo;
  • Shareholders, officers or directors of SECCo, or;
  • As otherwise stated, when your information was provided or collected.

We require all third parties that we are responsible for to respect the security of your personal data in accordance with legal requirements under the GDPR. Additionally, we do not allow third parties to use your data for purposes other than those we have specified.

Where personal data is shared with the DCC, the DCC will be considered separate data controllers for this purpose. Please consult the DCC’s Privacy Policy for further information.

Marketing and Opting-Out

We will only contact you by email about our work and its progress if you have asked us to do so. If you have changed your mind and would prefer us not to contact you, then you can opt out at any time. See further “Your Rights in relation to your information” below.

Use of cookies in connection with the website and our Cookie Policy

Cookies are small files saved to your computer’s hard drive that track, save and store information about your interactions and usage of our website. Cookies allow us to store your preferences to correctly present content, options or functions throughout our website. They also enable us to see information like how many people use our website and what pages they tend to visit.

Cookies have different durations. Temporary cookies, such as those only valid for your browsing session, expire when you close your browser. Permanent cookies, however, will remain on your computer for a longer period until you delete them. We may also use the information gathered from Cookies to compile reports to improve the functionality and user experience of our website.

Cookies can be set by different actors. Typically, this occurs in two cases:

  • First-party cookies: These are cookies set by this website for our visitors.
  • Third-party cookies: These which are typically set by other websites whose features run on our website (such as social media plugins). We do not control the use of third-party cookies. Some third-party cookies may be set by Google. For more information regarding Google’s use of cookies, please see Google’s Cookie Policy.

Cookies have different purposes. We typically use the following cookies:

Functional Cookies: Cookies that are strictly necessary to enable you to move around our websites or to provide certain basic features. This includes basic features such as playing videos, and storing information already entered (e.g. username, language, location). These include:

  • WordPress (WordPress_sec, wordpress_logged_in, PHPSESSID, euCookie, wpfuuid): These cookies are required by our website software and store no personal information. Duration: Session only;
  • Complianz cookies (cmplz_all, cmplz_choice, cmplz_id, cmplz_stats, cmplz_consent_status): These record which cookies you consent to. Duration: 1 year (consent is stored for 62 years).

Statistics: We may deploy cookies that monitor the popularity of sections of our website. These include:

  • Google Analytics (_ga, _gat, _gid, analytics.js): Used to understand how users navigate through our website. This service is provided by Google Inc. Duration: Session cookies; others maximum 2 years.

Marketing: These cookies may track users and display advertisements relevant to them but can also include some otherwise functional cookies. The Website may use Captcha to ensure that registration and queries come from real people. This is classified as a Marketing cookie, and in order to register as a User or to use the Simple Contact Form Users must consent to Marketing cookies. The Websites makes no other use of Marketing cookies.

Your rights in relation to cookies

We generally only place cookies with your consent when you first visit this website, apart from for Functional cookies, which are mandatory for this website to operate. If you want to avoid this website placing Statistics and Marketing Cookies on your browser, you can use our Cookie Banner to choose to deselect all cookies besides the Functional Cookies on visiting this website. You may also set your browser settings to attempt to reject all cookies or manually delete the Cookies and may still use this website.

Information Security

We will use technical and organisational measures to safeguard your personal information from being accidentally lost, used or accessed in an unauthorised manner, altered or disclosed. In particular, we use strict access and authentication controls on our databases, and, where possible, use encryption in transit when sharing files via email.

Whilst we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the Internet is not entirely secure, and for this reason we cannot guarantee the security or integrity of any personal data or other information that is transferred from you or to you via the Internet.

Additionally, we have put into place procedures to deal with any suspected data breach and will notify you of such when we are legally required to do so.

Storage of your personal data

We will only retain your personal data for as long as necessary to fulfil the purposes we have collected it for (as outlined above), or as long as we are required to maintain it by law.

Purpose of ProcessingRetention Period
To accede to the SEC codeDuration of membership of SEC, otherwise up to one year
To send documentation to, and ensure quoracy of meetings with, membersDuration of membership of SEC/Committee/Board (whichever is longer)
To send out communications to members of Committees and Working GroupsDuration of membership of SEC/Committee/Board (whichever is longer)
To send out communications to SEC PartiesDuration of membership of SEC, otherwise up to one year
To inform SEC Parties and others on their progress under the User Entry ProcessDuration of membership of SEC, otherwise up to one year
To allow website users to sign up to our newsletterDuration of the provision of service or until you withdraw consent, whichever is sooner
To carry out assessments under the SECDuration of membership of the SEC
To register to Codeworks to view digitised SEC5 years or until you remove your account, whichever is sooner
To maintain an operations contact list to be contacted in relation to critical alertsFor duration of membership of the SEC
To respond to communications, including enquiries and complaints, received through our website contact form and SECAS HelpdeskUp to 7 years
When current SMDA Members who are not SEC Parties apply to continue accessing SMDA material Duration of membership of the SMDA
SEC Parties requesting access to SMDA materials Duration of membership of the SMDA/SEC
When you submit online forms, including the Accession application form, Smart Energy Code (SEC) Party contact form, Change of Party Details form, Security Assessment Application form, etc.Duration of membership of SMDA/SEC
To register for a user accountFor the duration of your membership of SMDA/SEC
To respond to questionnaires and surveysUp to 6 years, unless you withdraw consent
To process invoicesUp to 7 years
To process device assuranceFor the duration of membership of SMDA
To be listed as members of committees on our websiteDuration of membership of relevant committee

Use of your personal information submitted to other websites

SECCo/Gemserv cannot be responsible for the privacy policies and practices of other non-SECCo websites, even if you accessed the third-party website using links from our Website, or you linked to our Website from a third-party website.

SECCo only stored personal data on systems located within the United Kingdom. However, we may need to transfer your personal information to third parties located in countries outside of the United Kingdom for the purposes of providing Administration and Secretariat services. Where we do so, we will ensure that such transfers are subject to appropriate security measures, risk assessments and contractual controls as necessary to safeguard your personal information.

Your rights in relation to your information

Under certain circumstances, you may have certain rights under data protection laws in relation to your personal data which are as follows:

  • Request access to your personal data – This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of your personal data – This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data – This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data – This enables you to ask us to suspend the processing of your personal data in specific circumstances.
  • Request transfer of your personal data to you or to a third party – We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.
  • Right to withdraw consent, where consent has been given to the processing.

You can write to us to request access to your personal information and other rights at:

Smart Energy Code Company Limited
8 Fenchurch Place
London
EC3M 4AJ

We will require proof of your identity before responding to any request from you.

In addition, if you have any enquiry about this Privacy Policy or data protection practices, please write to the Legal Department at the above address.

You also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) on any data protection issues.

Updating your details

Additionally, if any of the information that you have provided to us changes, please let us know the correct details by sending an email to dataprivacy@gemserv.com where we have the facility to log in to the website and update any user details.

Contact Information

If you have any questions about this privacy policy or our privacy practices, please email us at dataprivacy@gemserv.com.

We may change this Privacy Policy from time to time. You should check this policy occasionally to ensure you are aware of the most recent version that will apply each time you access the Website.

These terms shall be governed by and construed in accordance with the laws of England and you, and we agree to submit to the exclusive jurisdiction of the courts of England and Wales.