ELEXON Limited (referred to as "ELEXON" , "us" "we" or "our" in this policy) is committed to protecting and respecting your privacy.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act):
- The data controller is ELEXON and will ensure that your personal information is processed fairly, and in accordance with this policy.
- C&C Holdings, operates as a data processor on ELEXON's behalf, and will collect and maintain the personal information you provide when you register on the Website.
Information we may collect from you
We may collect and process the following data about you:
- information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
- if you contact us, we may keep a record of that correspondence.
- we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- details of any transactions you carry out through our Website.
- details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
- we may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss. All our employees and data processors that have access to, and are associated with the processing of your personal information, are obliged to respect the confidentiality of our visitors' information.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Uses made of your information
Your personal data will be processed for the following purposes ("Purposes"):
- to ensure that content from our Website is presented in the most effective manner for you and for your computer;
- to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- to carry out our obligations arising from any contracts entered into between you and us;
- to allow you to participate in interactive features of our service, when you choose to do so;
- to notify you about changes to our service;
- processing your information as necessary or appropriate in connection with the Balancing and Settlement Code and/or the functions, activities and services which we or our service providers provide under such Code, (including in relation to any quality assurance surveys or related matters); and
We will not sell your personal information. However we may share your personal information with third parties, where, for the Purposes detailed above, it is necessary for your information to be disclosed for processing to:
- third party service providers or other agents who use and/or collect your personal information to provide services to you on our behalf; and
- auditors or other advisors assisting us in relation to quality assurance of any of our business processes or activities.
If you do not wish to be contacted for these purposes, please let us know by using the contact details in "Your rights in relation to your information".
You may agree to form part of an addressee group within this Website. By agreeing to be part of any such addressee group, you consent to the sharing of your personal information to other members of that address group, including group members who are from companies other than your own. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties in the event that we sell or buy any business or assets, in which case we may disclose and/or transfer (if appropriate) your personal data to the prospective seller or buyer of such business or assets.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of Â£10 to meet our costs in providing you with details of the information we hold about you. We will require proof of your identity before providing you with details of any personal information we may hold about you.
Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and to deliver a better and more personalised service. Some of the cookies we use are essential for the Website to operate.
ELEXON uses its own cookies for a number of purposes, including to:
- access your information when you "log in", so that we can provide you with customised content;
- record your email address, used to "log in", so you don't have to re-enter it for each visit; and
- require you to re-enter your ELEXON password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.
All information stored in our cookies is encrypted.
Use of your personal data submitted to other websites
Your rights in relation to your information
You can write to us at any time to obtain a copy of your information and to have any inaccuracies corrected. Where appropriate, you may have your personal information erased, rectified, amended or completed. Please write to:
ELEXON Limited, 4th Floor, 350 Euston Road, London, NW1 3AW
Telephone: +44 (0)20 7380 4100 (Main Switchboard)
Facsimile: +44 (0)20 7380 0407 (Main Fax)
Please quote your name and address. We would be grateful if you could also provide brief details of the personal information of which you would like a copy or which you would like to be corrected (this helps us to more readily locate your data).
ELEXON Limited - Registered office: 4th Floor 350 Euston Road London NW1 3AW, Registered in England and Wales, Registered Company Number : 3782949
Terms And Conditions
Information about us
This Website is operated by ELEXON Limited ("we", "us", "our"). We are registered in England and Wales under company number 03782949 and have our registered office at 4th Floor, 350 Euston Road, London NW1 3AW.
We are regulated by the Office of Gas and Electricity Markets (Ofgem).
Accessing this site
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights (including copyright) in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.
Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
No warranty is made as to the availability of this Website, or that the functions used or materials accessible or downloaded from this Website will be uninterrupted or free of errors, viruses or other harmful components.
Without limitation to the foregoing, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
The above exclusion does not affect our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Except where expressly agreed by us, no email or any other communication sent through this Website will be treated as confidential and we reserve the right to reproduce, transmit, modify and/or publish any such communication.
Restrictions on Use
The materials contained on this Website are available to browse and download for the purpose only of the operation or participation in the electricity trading arrangements in Great Britain.
The data items provided to you on this Website pursuant to a P114 Licence Data Agreement (if any), are subject to the terms and conditions of the particular P114 Licence Data Agreement between us and you as the Licensee.
Links to other Websites
This Website may contain links to other websites which are independent of us and/or are maintained by third parties. We are not responsible for the content of any third party websites and shall not be liable for damages or injury resulting from the contents of such websites. Any links to other websites are provided as a convenience to you as a user of this Website, and do not imply our endorsement of the linked website(s) or association with their operators.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
Information about you and your visits to our website
Uploading material to our website
Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our site, you must comply with the content standards set out in these terms. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Unless otherwise expressly provided by us, any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.
We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with the content standards set out in these terms.
Viruses, hacking and other offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below). To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of Website use;
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms;
- Bulletin boards;
(together, the "interactive services").
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Website (â€œcontributionsâ€), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); comply with applicable English law and in any country from which they are posted.
Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of these terms through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with these terms may result in our taking all or any of the following actions: immediate, temporary or permanent withdrawal of your right to use our site; immediate, temporary or permanent removal of any posting or material uploaded by you to our site; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms to the fullest extent permissible by law. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
If you have any concerns about material on our Website, please contact firstname.lastname@example.org.
Thank you for visiting our Website.