Privacy Policy

This Privacy Policy, which is subject to the Privacy Act 1988 and Australian Privacy Principles (APPs), regulates how Smartek Solutions Pty Ltd T/A Zero Energy Australia collects, uses, and discloses personal information.

Amendment

We may change, vary, or modify all or part of this Privacy Policy at any time at our sole discretion. It is your responsibility to check this Privacy Policy periodically for changes. If we adopt a new Privacy Policy, we will:

– Post the new Privacy Policy on our website.
– It will then apply through your acceptance by subsequent or continued use of the website and/or our services.

Purpose

Primary Purpose We collect your personal information to lawfully carry out our functions and activities and provide you our services (Primary Purpose).

Secondary Purposes In addition to the Primary Purpose, we may use the personal information we collect, and you consent to us using your personal information to:

– Provide you with information about the services you requested and any other services you may be interested in.
– Personalize and customize your experiences with us.
– Help us meet our warranty obligations.
– Help us review, manage, and enhance our services and develop insights used in reports.
– Communicate with you, including by email, telephone, and in-application notifications.
– Conduct surveys or promotions.
– Process payments and administer your account, including sending you account-related reminders.
– Investigate any complaints about or made by you, or if we have reason to suspect you have breached any relevant terms.
– Do anything else as required or permitted by any law.

What We Collect

Personal information we collect about you may include identification information such as your name, address, email address, phone number, usage data, and financial and payment information from our services. We will only collect, hold, use, or disclose your sensitive information with your consent or if you volunteer your sensitive information to us.

How We Collect

Your personal information may be collected:

– When you complete an application, consent, purchase, account sign-up, or similar form via our platforms or otherwise.
– When you contact us to submit a query or request.
– When you post information or otherwise interact with the platforms.
– When you participate in one of our services or surveys.
– From those who request our services on your behalf.
– From government regulators, law enforcement agencies, and other government entities.
– From business contacts, external service providers, and suppliers.
– By other means reasonably necessary.

Third-Party Collection

If we collect any personal information about you from someone other than you, we will inform you of the collection and the circumstances before, at, or as soon as reasonably practicable after we collect such personal information.

Authority

If you provide us with the personal information of another individual, you acknowledge and agree that the other individual:

Has authorized you to provide their personal information to us.
Consents to us using their personal information to provide our services.

Unsolicited Information

If we receive unsolicited personal information about you that we could not have collected in accordance with this Privacy Policy and the Privacy Act, we will, within a reasonable period, destroy or de-identify such information.

Minors

It is our policy to not collect personal information from persons under the age of 18 years or offer to send any promotional material to such persons. Parents and guardians are responsible for monitoring their children’s online activity.

Anonymity

If you would like to access any of our services on an anonymous or pseudonymous basis, we will take reasonable steps to comply with your request. However, you may be precluded from taking advantage of some or all of our services; and we will require you to identify yourself if:

– We are required by law to deal with individuals who have identified themselves.
– It is impracticable for us to deal with you if you do not identify yourself.

Destruction

Subject to a legal requirement to the contrary, we will destroy or de-identify your personal information if:

– The purpose for which we collected the personal information from you no longer exists or applies.
– You request us to destroy your personal information, and we are not required by law to retain your personal information.

Primary Use

– We will only use and disclose your personal information:
– For purposes which are related to the Primary Purpose.
– For any of the Secondary Purposes.
– If we otherwise get your consent to do so, in accordance with this Privacy Policy and the Privacy Act.

We will not use your personal information for any purpose for which you would not reasonably expect us to use your personal information. We will not sell, trade, rent, or license your personal information to third parties.

Victorian Energy Upgrades (VEU) Program Under the Victorian Energy Upgrades (VEU) program, Smartek Solutions Pty Ltd T/A Zero Energy Australia adheres to the telemarketing guidelines introduced from 1 May 2024. Smartek Solutions Pty Ltd T/A Zero Energy Australia will always seek consent to contact a client via telephone for telemarketing purposes. Consent for a telephone call lasts, unless otherwise specified, for 90 days from the date of enquiry or withdrawn prior to this date. During this time, Smartek Solutions Pty Ltd T/A Zero Energy Australia may contact the client via the supplied telephone number to discuss energy-efficient upgrades that relate to the initial enquiry. Withdrawing consent can be done by:

– Calling 1800 00 (ZERO) 9376 and speaking to our Customer Support & Sales Team.
– At any stage during a telephone call with a team member of Smartek Solutions Pty Ltd T/A Zero Energy Australia.
– In an email to support@zeroenergygroup.com.au outlining your consent for Smartek Solutions Pty Ltd T/A Zero Energy Australia to contact you via telephone.

Direct Marketing

We will offer you a choice as to whether you want to receive direct marketing communications about services. If you choose not to receive these communications, we will not use your personal information for this purpose.

We will otherwise only use or disclose your personal information for the purposes of direct marketing if:

– We collected the information from you.
– It is reasonable in the circumstances to expect that we would use or disclose the information for direct marketing purposes.
– We provide you with a simple means to ‘opt-out’ of direct marketing communications from us.
– You have not elected to ‘opt-out’ from receiving such direct marketing communications from us.

Disclosure

How We Disclose

We may disclose personal information, and you consent to us disclosing such personal information to:

– Third parties engaged by us to perform functions or provide services on our behalf.
– Electricity and/or gas retailers.
– Relevant regulatory bodies in the electricity and/or gas industry.
– Our professional advisors, including our accountants, auditors, and lawyers.
– Our related bodies corporate.
– Persons authorized by you to receive information held by us.
– A government authority, law enforcement agency, pursuant to a court order, or as otherwise required by law.
– A party to a transaction involving the sale of our business or its assets.

Overseas Disclosure

We may, in some circumstances, send your personal information to overseas recipients to enable us to provide our services to you. Overseas recipients that may handle or process your data include (but are not limited to) the server hosts of our email services, cloud storage services, and the platforms. If we send your personal information to overseas recipients, we will take reasonable measures to protect your personal information from misuse, interference, loss, unauthorized access, or modification. However, you acknowledge and agree that if we disclose your personal information to overseas recipients, we are not obliged to take it.

Access and Correction

Access If you require access to your personal information, please contact us using our contact details below. You may be required to put your request in writing and provide proof of identity. We are not obliged to allow access to your personal information if:

– It would pose a serious threat to the life, health, or safety of any individual or to the public.
– It would have an unreasonable impact on the privacy of other individuals.
– The request for access is frivolous or vexatious.
– It relates to existing or anticipated legal proceedings between you and us and would not ordinarily be accessible by the discovery process in such proceedings.
– It would reveal our intentions in relation to negotiations with you in a way that would prejudice those negotiations.
– It would be unlawful.
– Denying access is required or authorized by or under an Australian law or a court/tribunal order.
– We have reason to suspect that unlawful activity or misconduct of a serious nature relating to our functions or activities has been, is being, or may be engaged in, and giving access would be likely to prejudice the taking of appropriate action in relation to the matter.
– It would likely prejudice one or more enforcement-related activities conducted by or on behalf of an enforcement body.
– It would reveal commercially sensitive information.

If you make a request for access to personal information, we will:

– Respond to your request within a reasonable period after the request is made.
– If reasonable and practicable, give access to the personal information as requested.

If we refuse to give access to the personal information, we will give you a written notice that sets out at a minimum:

– Our reasons for the refusal (to the extent it is reasonable to do so).
– The mechanisms available to complain about the refusal.