Pooled Energy

Privacy Policy

1. Overview

Pooled Pty Ltd ABN 45 664 002 706 (together referred to as Pooled, we, our, us), is committed to protecting your privacy.

This privacy policy (Privacy Policy) sets out how we handle your personal information. In particular, this Privacy Policy sets out how we will handle any personal information that is disclosed, collected or otherwise handled in connection with our engagement with and provision of services to you. This includes personal information disclosed to, collected by or otherwise used by the Pooled website: www.pooled.au (Website) or as may be processed through any other information technology platform we use to facilitate the provision of any or all of our products and services (Services).

We suggest you read this Privacy Policy carefully, as it sets forth what personal information we collect, how and why we use it, and whom we share it with in relation to the Services. Additionally, this Privacy Policy sets out your rights in relation to your personal information, and who to contact for more information or queries.

We regularly review our practices and procedures regarding how we collect, hold, use, disclose and otherwise manage personal information. As a result, this Privacy Policy may change from time to time and it is therefore important that you review it regularly. Any change to this Privacy Policy will become effective when we publish the revised Privacy Policy on our Website. You can check the effective date at the bottom of this page to see when the Privacy Policy was last updated. If we make any material changes to this Privacy Policy we will use reasonable endeavours to bring this to your attention when we do.

Your continued use of the Services, requesting our assistance or the provision of further personal information to us after this Privacy Policy has been revised, constitutes your acceptance of the revised Privacy Policy.

2. What personal information do we collect?

Personal information means any information or an opinion about an individual from which that person can be identified or can reasonably be identified, whether true or not and whether recorded in a material form or not. We may collect and use different kinds of information in the course of providing the Services, and for you to be able to benefit from those Services (to the extent that it is reasonably necessary and relevant to the performance of the Services), which we have grouped together as follows:

  • Contact information: includes your name, phone number, email address and your residential address or other address for both identification and registration purposes;
  • Asset information: includes your pool location (if different to your residential address), pool size, equipment (including the brand) for which you require remote management for (eg. pump, chlorinator, heater, spa, lighting), pool performance, pool water quality data, or any electricity plans required to optimise run times for pool equipment (eg. time of use, solar power plans);
  • Profile information: includes user generated information made available by social network services such as names, comments, posts, images or preferences, feedback and survey responses;
  • Technical information: includes Pooled username and passwords, internet protocol (IP) address, your login data, browser type, time zone setting and location, third party access tokens and other technology on the devices you use to access the Website and Services;
  • Usage information: includes information about the performance of the Website and Services, and how you use the Website and Services;
  • Marketing information: includes your preferences in receiving marketing communications from us;
  • Required information: includes other personal information required to satisfy our obligations under relevant legislation; and
  • any other personal information that you provide to us either directly or indirectly when using the Website.

The precise types of personal information we collect from or about you will depend on the nature of your interactions with us.

We (or our third-party billing platform service provider, Stripe Payments Australia Pty Ltd ACN 160 180 343 (Stripe)) may collect certain payment information from you, including details of any products or services you purchase from us, credit card details and billing addresses. Any such information that is collected by Stripe will be managed and handled in accordance with their respective privacy policy (as updated from time to time).

We do not collect any sensitive personal information about you (this includes details about your race or ethnic origin, political opinions or associations, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or union, sexual orientation or practices, and criminal record information). Nor do we collect any information about your health, genetic background or biometric personal information.

Our services are not intended for use by children and should only be accessed by individuals of at least 18 years old (the Age Limit). If you are under the Age Limit, please do not use the Website and do not provide us your personal information. We will, upon notice or discovery, take all reasonable efforts to erase or destroy any personal information that may have been collected or stored by us about those under the Age Limit without our knowledge.

3. How do we collect your personal information?

We may collect personal information directly from you wherever it is reasonable and practical to do so.  We may collect personal information from you via:

your use and access of the Website and in your use of the Services, including during your registration and creation of an account as a user of the Website;

  •  your response to any surveys or marketing materials we send out;
  • information and recommendations uploaded to the Website by yourself or by other users; and
  •  interactions between yourself and other users of the Website ; and
  • information you provide to us when you contact us or we contact you, whether in person, over the telephone, or electronically (for example, by email or SMS).

We may also collect your personal information from third parties including:

  • third parties who provide services to Pooled that help us provide our services;
  • other third parties who provide services via the Website; and
  • via public sources or when you connect with a social network service or other platform when using and accessing the Website.

4. Why do we collect your personal information?

We may collect, hold and use your personal information for a variety of reasons including in the most common circumstances listed below:

  • to assess the performance of the Website and the Services we provide, including in relation to data analysis, developing new products and services, managing the provision of our customer service, and analysing our customer base;
  • to deliver targeted content based on user profiling and location;
  • to process and respond to a complaint or request you may make, and to communicate with you and provide you with support and customer service in general;
  •  to contact you in relation to our Services, particularly if we believe there are any products or services or any information we believe you might be interested in, as permitted by law;
  • for the provision of Services or the administration of our business (including fulfilling and exercising our obligations and rights, exercising or defending legal claims and managing the relationship with you); or
  • any other uses identified at the time of collecting your personal information.

We will only collect, hold and use personal information for the purpose for which it was provided (which will normally be obvious at the time of collection), a related purpose, or as authorised, permitted or required by law.

5. Who may we disclose your personal information to?

We may disclose your personal information to various third parties in order to assist us with providing the Services. These third parties may include:

  • data storage and technology service partners in connection with our Services or services that these third parties perform for us; 
  • our lawyers, accountants and professional advisors;
  • other third party goods and/or service providers, such as third party branding service providers and hardware suppliers;
  •  to Pooled’s related bodies corporate (as defined in the Corporations Act 2001 (Cth));
  • to law enforcement authorities where we are required to do so by law or pursuant to a legal process; or
  • to any entity in the event that we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to require that the transferee uses the personal information you have provided to us in a manner that is consistent with this Privacy Policy.

Pooled may transfer your personal information to overseas countries in which we do business. Pooled may also subcontract certain activities and share your personal information with third parties who are, and whose data storage servers may be located in countries outside of Australia, including the United States. Such transfers are necessary for the purposes of allowing us to provide the Services and otherwise carry out the activities specified in this Privacy Policy. We endeavour to only share your personal information to service providers who we consider have adequate levels of protection and who will only use or process your personal information on our behalf.

6. What if we can’t collect your personal information?

If you do not provide us with the personal information we need, some or all of the following may occur:

  • you may not be able to use some functions of the Website or the Services; and
  • we may not be able to provide you with other services, targeted content and relevant information.

7. Marketing Communications

In addition to the purposes set out above at section 4, we may collect, use and disclose your personal information to provide you with electronic marketing messages from time to time, to inform you of products, services or offers of Pooled, our related companies or commercial partners which may be of interest to you by email (Marketing Communications), in circumstances where we have collected the personal information directly from you and you would reasonably expect that your personal information would be used or disclosed for this purpose, or you have otherwise consented to such collection. 

You may receive Marketing Communications if:

  • you have subscribed to our Marketing Communications (in which case we will keep you informed of the latest products, current offers and promotions at Pooled);
  •  you request information about our services when you choose to contact us (in which case you will not be added to a mailing list of any kind and will only receive emails in relation to the matter you have contacted us about); and
  •  the Marketing Communications are otherwise relevant to the reason(s) we hold your email address, where we are permitted to do so by law.

If you no longer wish to receive such material, you may opt out of receiving electronic messages from us at any time by contacting our Privacy Officer via the contact details at the bottom of this Privacy Policy or by using the opt out mechanism included in our electronic marketing messages.

8. Access to and correction of personal information

We take reasonable steps to ensure that the personal information we handle is accurate, complete and up-to-date. If you become aware of any errors in your personal information or, if you change your personal information, please let us know.

You can request access to any personal information we hold about you at any time.  From time to time, we may need to reject your request to access personal information we hold about you, if we believe it to be necessary and to the extent allowed by law. To request access to any personal information that we may hold about you, please contact our Privacy Officer using the contact details at the bottom of this Privacy Policy.  Depending on your request and where permitted by law, we may charge a small fee for complying with your request.

You may request us to amend any personal information we hold about you which you believe to be inaccurate, incomplete or out of date. To request an amendment to any personal information that we hold about you, please contact our Privacy Officer using the contact details at the bottom of this Privacy Policy. If we do not agree to amend your personal information, you may request that we make a note of your requested correction with the information we hold about you.

If we are unable to, or if we are unwilling to provide you with access to any of your personal information, or to correct any of your personal information, we will provide you with our reasons.

You may also contact our Privacy Officer using the contact details at the bottom of this Privacy Policy if you wish to obtain further information regarding our privacy practices and the way we handle your personal information.

For more information regarding privacy, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au or the appropriate data protection authorities in your jurisdiction.

9. Information retention

We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy and in each case in accordance with applicable legal and regulatory requirements in respect of permitted or required retention periods and limitation periods for taking legal action.

10. Additional services and links to other sites

From time to time, we may provide links or mechanics to interface with other websites for your information or convenience or offer additional services through separate websites linked to this Website. These websites operate independently from our Website and may be subject to alternative terms of use, including terms concerning use of your personal information. We have not reviewed these third party sites and do not control and are not responsible for any of these websites, their content or their privacy policies. If you decide to access or interact with any of the third party sites listed on our Website, you do so at your own risk.

11. Complaints

We take your privacy concerns seriously. If you have a complaint regarding our handling of your personal information or concerning our privacy practices, you may file a complaint with our Privacy Officer using the contact details set out at the bottom of this Privacy Policy. Our Privacy Officer will confirm receipt of your complaint.  If our Privacy Officer believes an investigation is necessary, we will open an investigation into your complaint. Our Privacy Officer may need to contact you to request further details of your complaint. If an investigation has been opened following a complaint made by you, our Privacy Officer will contact you with the result of that complaint as soon as possible. In the unlikely circumstances we are unable to resolve your complaint to your satisfaction, you may be able to contact the Office of the Australian Information Commissioner at www.oaic.gov.au or the appropriate data protection authorities in your jurisdiction.

12. Cookies

Our website may use ‘cookies’ from time to time. Cookies could be used to collect personal information. A cookie is a small file that is stored on your device by a website. Cookies contain information which is readable by the website that issued the cookie to you and is commonly used to remember your details and preferences when you return to that website. Your web browser can be configured to reject cookies. If you set up your web browser to reject cookies certain functions of our Website may become unavailable to you.

We do not use browsing information to identify you personally. However, we may record information on how you use our Website or Services, including which pages you viewed, when you viewed them, whether you reached them via a search engine, and your computer’s assigned IP address.

13 . Contact us

If you have any questions about this Privacy Policy, our privacy practices or if you would like to request access to or correction of any personal information we may hold about you, please contact our Privacy Officer:

Email:   privacy@pooled.au

14. Policy version