This privacy notice explains to businesses (“you/your”) how N3rgy Data Limited and each of our group companies , being part of the Smart Metering Systems Plc group of companies (“we, us, SMS”) uses personal information, which you share with us including about your employees or your end customers.

This privacy notice covers:
• Why we use personal information;
• What personal information we use;
• How we use personal information;
• Individuals’ rights under data protection legislation; and
• Changes to our privacy policy.

Why we use personal data
We carry out services relating to the collection of half hourly energy consumption data on your behalf (these services also include device services, and support services). These services are governed by a contract between us. We may also require to process your employee’s personal information in the course of carrying out the services. We require to process the personal information of your end customers to enable us to carry out the contracted services for you, or in relation to the energy data relating to them. When providing services to you, we are acting as a data processor. We may also wish to make our services available, to customise them, to understand individuals’ needs, and to provide improved services, newsletters and other communications. In those cases, we are the data controller.

What personal information we process
In order to carry out the services for you, we may obtain and process the following information:

In relation to your customers: 
o Address
o Meter reference numbers;
o Meter readings and usage information;
o Half hourly energy consumption data, tariff data and export data when applicable

In relation to your employees we may require the following:
o Name, email address and telephone number of your designated company contacts for billing, technical, operational and commercial purposes.
o Email address for any of your employees registering to our customer service and other portals.

How we process personal information
We take all necessary steps to ensure that personal information is kept safe and confidential durig storage and processing). Personal data may be held at our offices, our information processing centres and those of our third party service providers, representatives and agents. We do not transfer Personal Data to a third party organisation based outside of the United Kingdom and European Economic Area (an “International Recipient”) and you shall ensure that our service is not accessed by any International Recipients.

Sharing personal information with third parties
Due to our corporate structure, our group companies will have access to employee’s personal data processed in connection with services provided to you. This Privacy Policy applies to all our group companies, including SMS Connections Limited, SMS Meter Assets Limited, SMS Data Management Limited, UKMA (AF) Limited, SMS Energy Services Limited, CH4 Gas Utility and Maintenance Services Limited, Trojan Utilities Limited, SMS Mapco 1 Limited, Qton Solutions Limited, Solo Energy, Metering Limited, and SMS Data Services Limited. Access to end customer data is restricted to the our direct employees or group functional subject matter experts assigned to us (e.g. customer service, accounting, operations).

Under certain circumstances, we may be required to share personal information with our third party
suppliers, partners and subcontractors who are assisting with the carrying out of the services and in
connection with our business operations. These include:

• Subcontractors and business partners;
• Outsourced service providers (e.g. call centre services);
• Insurers;
• The Smart Energy Code (SEC) who may periodically audit the provision of the services we
provide;
• Professional advisors;
• Security providers; and
• Cloud service providers.
• We may be obliged to disclose personal information to any competent legal or regulatory
authority conducting an investigation in relation to criminal activity.

How long we keep personal information
We keep personal information only for so long as we need it and subject to the required consent compliance with the UK Data Protection and Smart Energy Code regulation. Once consent is withdraw, we arrange for it to be deleted from our systems. We may retain certain personal information for legal or regulatory purposes only.

In some circumstances, we might anonymise personal data (so that it can no longer be associated with an individual) and use this indefinitely.

Legal basis for data processing
The legal bases on which we will use personal data provided to us are as follows:
• in connection with our contract with the third party who we provide services to; or
• in connection with our legal obligations, including regulatory or industry regulations; or
• legitimate interests; or
• Individuals’ rights under data protection legislation.
Individuals have the following rights relating to personal data processed about them:
• Right to request a copy of personal information that we process;
• Right to request that personal information is updated or removed;
• Right to make a complaint to the Information Commissioner’s Office due to concerns about
the way we are processing personal information; and
• Right to withdraw consent to us processing personal information.

How to contact us
To get in touch with us about any of the above, please email or write to our data protection officer at:
dpo@sms-plc.com / Data Protection Officer, SMS plc, 2nd Floor, 48 St Vincent Street, Glasgow, G2 5TS.

Changes to this privacy policy
SMS reviews this policy regularly. If there are any changes to the way we use personal information, we will update this policy on our website. This privacy policy was last updated on February 2024.

Information Commissioner’s Office
If an individual is not happy with our reply to any complaint or thinks our processing of their personal data doesn’t comply with data protection law, a complaint can be made to the Information

Commissioner’s Office (ICO). Just use these details:
Address: Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF
Telephone number: 0303 123 1113
Visit the ICO website Information Commissioner’s Office (ICO)