Privacy Policy

The personal information we collect about you depends on the particular context in which it is processed. We collect personal information about you only where we have a reason for doing so and only where that reason is permitted under data protection law (see the section below ‘Legal basis for processing’). This section of this Privacy Policy sets out what personal information we collect about you as well as how we collect and use that personal information.

When we provide services directly to a business (including Energy Suppliers)  

Where we provide services directly to your business, including providing services relating to gas an electricity meters on your behalf and services relating provision of data, bill validation and other services including digital energy platforms to deliver data services and consumption data to energy suppliers. These services will be governed by a contract between us.

We may require to process personal information relating to your end consumers to enable us to carry out certain services for you, in relation to energy meters or data relating to them. We may also require to process your employee’s personal information in the course of carrying out these services.

The details we collect may include name, address, telephone number, meter reference numbers, meter readings and usage information, details relating to the property, energy consumption data (including half hourly energy consumption data), tariff data and export data, where applicable. We may also require details of any employees or customer’s needs or needs of others in a household such as age, health or vulnerability status to the extent it may be relevant for the carrying out of the services (for example, a disability), to ensure that the service we provide and health and safety considerations are tailored to such circumstances.

Where we are providing services on your behalf, we are acting as a data processor.

In some cases, we may own the gas and/or electricity meters or other assets installed at your properties and/or the premises of consumers. Where that is the case we may require to retain personal information to allow us to maintain and manage the assets. In those cases, we may be the data controller. 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.

When we provide services to your energy supplier (Domestic Consumers) 

We may process your personal information in connection with services which we provide on your behalf or in connection with services we provide to a third party (such as energy suppliers or registered social landlords). These services are governed by a contract between us and the third party.

We require to process your personal information when these services are to be carried out at your property or in relation to your energy meters or other assets installed at your property or data relating to them (because you have a contract with, or are entering into a contract with, the energy supplier or other third party).

The details we collect may include name, address, telephone number, gender, meter reference numbers, meter readings and usage information, details relating to the property, energy consumption data (including half hourly energy consumption data), tariff data and export data, where applicable. We may require to carry out identity verification of you on behalf of your energy supplier in connection with the services which we provide (including where we require to obtain your half hourly energy consumption data).  We may also require details of any of your needs or needs of others in your household such as age, health or vulnerability status to the extent it may be relevant for the carrying out of the services (for example, a disability), to ensure that the service we provide and health and safety considerations are tailored to such circumstances.

Where we are providing services on behalf of a third party, we are acting as a data processor.

In some cases, we may own the gas and/or electric meters or other assets (such as solar PV panels,  battery storage systems, heat pumps or electric vehicle charges) installed at your property. Where that is the case, we may require to retain personal information to allow us to maintain and manage the assets and provide associated services in connection with them (such as software applications) which you may choose to use. In those cases, we may be the data controller.

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. With your agreement, we may request to contact you about our or our business partners’ promotions, products and services or other information which we think you may find interesting, or for customer satisfaction purposes (including contact by email), and for market research, analysis, testing, monitoring, risk management and administrative purposes (including diagnosing technology problems which may be reported to us). In those cases, we are the data controller.

When we provide services to your energy supplier (Industrial and Commercial Energy Consumers)  

We carry out services relating to gas and electric meters on behalf of energy suppliers (these services include meter installations, maintenance, data services, and management and support services). These services are governed by a contract between us and the energy supplier.

We require to process your employee’s personal information when these services are to be carried out for an energy supplier at your premises/site, or in relation to your energy meters or data relating to them (because you have a contract with, or are entering into a contract with, the energy supplier).

The details we collect may include, name, address and telephone number of your employees which will normally be business contacts details unless the employee chooses to provide us with personal contact details, meter reference numbers, meter readings and usage information, details relating to the premises or site (such as access information) and details of any vulnerability status of any of your employees or persons on site, to the extent it may be relevant for the carrying out of the services (for example a disability) to ensure that the service we provide and health and safety considerations are tailored to such vulnerability.

Where we are providing services on behalf of a third party, we are acting as a data processor.

In some cases, we may own the gas and/or electricity meters installed at your premises/site. Where that is the case we may require to retain your employees’ personal information to allow us to maintain and manage the assets. In those cases, we may be the data controller.

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. With your agreement, we may request to contact you about our or our business partners’ promotions, products and services or other information which we think you may find interesting, or for customer satisfaction purposes (including contact by email), and for market research, analysis, testing, monitoring, risk management and administrative purposes (including diagnosing technology problems which may be reported to us). In those cases, we are the data controller.

When you purchase products or services from us 

Where you purchase products and/or services from us directly, including electric vehicle chargers and other energy assets, we will use your personal information to complete your purchase and/or to continue to provide services to you, as well as complying with consumer protection law and the contract between us.

The details we may collect may include, your name, address, date of birth, gender, email address, phone number, meter information, energy consumption data (including half hourly energy consumption data), tariff data and export data, where applicable, payment details such as credit or debit card information or direct debit details, information to enable us to undertake credit or financial checks on you, vehicle details (including vehicle registration numbers), details relating to your property, purchase and account history, records of your discussions with us (including customer service or support teams), billing information and your employment information.  We may require to pass your information onto third parties who are engaged in providing the products and services to you, including payment providers or third party providers of energy schemes relating to the products or services purchased by you.

We may also require details of any needs of you or others in the household such as age, health or vulnerability status to the extent it may be relevant for the carrying out of the services (for example, a disability), to ensure that the service we provide and health and safety considerations are tailored to such circumstances.

Where we are providing products or services to you directly, we are acting as a data controller.

When you use products or services provided by us to a third party (such as your landlord)   

Where you use products or services provided by us such as electric vehicle chargers, battery storage systems, heat pumps or solar panels installed at your property, we will use your personal information to deliver these products or services and to continue to improve these products or services, as well as complying with the terms of the agreement between us and a third party (such as your landlord) or with you.

The details we may collect may include, your name, address, date of birth, gender, email address, phone number, energy consumption data, vehicle details (including vehicle registration numbers), RFID hex card or digital tokens,  details relating to your property (including images where required for design and installation purposes), purchase and account history, records of your discussions with us (including customer service or support teams) and billing information.

If you use our electric vehicle charge point services, we may receive your location data in line with the location settings on your phone.

In using products or services provided by us, you are consenting to us processing your personal data for the purposes set out in this Privacy Policy.

In the circumstances where we have an agreement with you directly, we are acting as a data controller and where we are providing these products or services as part of an agreement between us and a third party, we are acting as a data processor.

Half-hourly smart meter data 

As set out in this Privacy Policy, if you permit us to in connection with the products or services provided by us to you, your energy supplier or other third party, we may require to collect your energy consumption data on half hourly basis (every half an hour).

This information will be used to provide the products or services to you, your energy supplier or other third party including to produce improved calculations of your energy consumption.

You are entitled to withdraw your consent to us obtaining your half hourly consumption data at any time however this may impact our ability to continue to deliver products and services to you in the same way.

We may also require to verify your identity in order to obtain your half-hourly consumption data through obtaining  a copy of your energy bill and/or photographic ID and to do this, we may use third party service providers.

When you phone, email or contact us

When you phone or email us with general queries (i.e. not those related to products or services provided to us or services provided by us to a third party, such as your energy supplier), we may process your personal information in order to provide us with the information your have requested.

The details we may collect include, your name, email address, telephone number and other personal information you have given us. This may also include us keeping a record of your interaction with us including recording telephone calls or taking a record of correspondence.

In these circumstances, we are acting as a data controller.

Marketing communications

This section will only apply if you have opted in to receive marketing communications from us or have previously expressed an interest in our products or services.

The details we may collect may include, your name, address, contact details and other information you have given us to provide you with marketing communications in line with any marketing preferences you have told us about.

Where you have opted to receive marketing communications, we rely on your consent to contact you for these purposes or where you we have a legitimate interest to promote the success of products and/or services you have expressed an interest in.

Every communication we send to you for marketing purposes will contain instructions on how to unsubscribe from receiving them.

In these circumstances, we are acting as a data controller.

Use of and to improve our website

When you visit our website, we may require to collect personal information about you relating to your use of the website and/or to provide you with a more effective user experience and/or to ensure the security of our website.

The details we collect may include, technical information including device identifier numbers (such as IMEI numbers and IP address), login information, browser type and version, time zone settings, plug-ins and operating systems as well as information about your visit including page response times, downloads and interaction methods.

You can ask us to stop using your personal information in this way by using the “do not track” functionality in your internet browser.

We may also share aggregated, anonymous data with third party providers including but not limited to analytics providers and search engine providers that assist us in the improvement and optimisation of our digital services.

For further information on how we use cookies on our website, please see here: SMS Cookie Policy

Where we share your personal information with third parties, we do so in line with this Privacy Policy and in compliance with data protection laws as well as the agreement between us. Some of the organisations we may share your personal information with may include:

• Our group companies, where necessary for the provision of our services. This includes all subsidiaries of SMS, including SMS Connections Limited, SMS Meter Assets Limited, SMS Data Management Limited, SMS Energy Services Limited, CH4 Gas Utility and Maintenance Services Limited, Qton Solutions Limited, Solo Energy Limited, SMS Data Services Limited, Metis Energy Limited, N3rgy Data Limited and Smart Home Systems Limited;
• Subcontractors (including our subcontracted engineering workforce and meter operators);
• Third parties we use to help deliver our products and services to you (e.g. suppliers, and payment service providers);
• Other third parties we use to help us run our business, (e.g. marketing agencies or website hosts);
• Business partners;
• Third parties approved by you (e.g. social media sites you choose to link your account to or third party providers);
• Our external auditors (for example in relation to the audit of our accounts) in which case the recipient of the information will be bound by confidentiality obligations;
• Outsourced service providers (e.g. call centre services, IT service providers, payment providers or otherwise);
• The Financial Conduct Authority;
• Credit reference agencies, identity verification providers and fraud prevention agencies;
• Debt collection agencies where we have a legitimate interest to recover sums owed to us for our products or services;
• Electric vehicle charge point operators and associated parties necessary to communicate your usage data where you use our charging network or other services;
• The Smart Energy Code (SEC) who may periodically audit the provision of the services we provide;
• Regulators or governing bodies who require to oversee parts of the goods or services we provide;
• Financial services providers (e.g. credit reference agencies for the purposes of credit reference checks);
• Insurers;
• Professional advisors;
• Logistics providers;
• Security providers; and
• Cloud service providers.

We may also be obliged to disclose personal information to any competent legal or regulatory authority conducting an investigation in relation to criminal activity.

The third parties mentioned above occasionally also share personal information with:

• Their external auditors;
• Their professional advisors (such as lawyers and other advisors); and
• Law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations.

For more information regarding our use of your personal information for the purposes of credit reference checks via external credit reference agencies, please see our external provider (Experian)’s Credit Reference Agency Information Notice – Credit Reference Agency Information Notice (CRAIN) | Experian. This Privacy Policy contains further details regarding how credit reference agencies use and distribute your personal information.  We may require credit references to help us trace you if you have moved and owe us any money.

Throughout our website, we may link to other websites owned and operated by certain trusted third parties to make additional products and services available to you. Those third party websites may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to those third party websites, please consult their privacy policies as appropriate.

We keep personal information only for so long as we need it. Once we no longer need it, we arrange for it to be deleted from our systems. Where we are required to retain personal information to allow us to maintain and manage the assets, we will do so only for so long as we have maintenance and/or management obligations. We may retain certain personal information for legal or regulatory purposes only.

In determining the appropriate retention period for the personal information we hold, we consider the amount, nature and sensitivity of the personal information, the risk of harm from unauthorised use or disclosure of your personal information as well as the applicable legal requirements under data protection law and otherwise.

In some circumstances, we might anonymise your data (so that it can no longer be associated with you) and use this indefinitely without further notice to you.

In connection with some of the services we provide, we (or a third party who we share personal information with) may require process your personal information outside of the UK and EEA. In those cases we will comply with applicable UK and EEA laws designed to ensure the privacy of your personal information and the contract between us.

When we send personal information outside of the UK/EEA, we will make sure that the correct safeguards have been put in place to protect your personal information, including:

• ensuring that the country where any data will be transferred to is subject to an “adequacy decision” by the UK government and/or European Commission. This is to ensure that the particular country ensures an adequate level of protection of personal information under their domestic laws; or
• ensuring that there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you; or
• a specific exception applies under relevant data protection law; or
• ensuring that standard, legally approved, data protection clauses recognised or issued further to Article 46(2) of the UK GDPR or EU GDPR (as applicable) are included in our contracts with those third parties.

In the event we cannot or choose not to continue to rely on either of those mechanisms at any time, we will not transfer your personal information outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law and reflected in an update to this Privacy Policy.

Under data protection law, we can only use your personal information if we have a legal basis to do so, for example:

• Where you have given your consent (e.g. in the case of marketing communications or in the case of analytics relating to our website)
• To comply with our legal and regulatory obligations (e.g. in the case of regulatory investigations or to fulfil our obligations under health and safety legislation);
• In connection with a contract with you or a third party (e.g. where you have purchased products or services from us); or
• For our legitimate interests or those of a third party (which is when we have a business or commercial reason to use your personal information, so long as this is not overridden by your own rights and interests) (e.g. where we require to require sums owed to us for our services via debt collection agencies.

Where the processing is based on consent, you have the right to withdraw your consent at any time. This will not affect the validity of the processing of your personal information prior to the withdrawal of consent.

Where we process your personal information on the basis of legitimate interests, we carry out a balancing test in accordance with our obligations under data protection law to ensure that our processing is necessary and is not outweighed by your privacy rights.

This section of this Privacy Policy applies if you have opted in to receive marketing communications from us or have previously expressed your interest in our products and services and have not opted out. We may use your personal information to send you updates (by email, text message, telephone or post) about our products and services, including exclusive offers, promotions or new products and services, in line with any preferences you have told us about.

Where you have opted to receive marketing communications, we rely on your consent to contact you for marketing purposes. If you have not opted in and we send you marketing communications, we do this because of our legitimate interests to promote the success of the products and services you have expressed an interest in.

The communications that we send you will have instructions on how to opt out from receiving them.

We may ask you to confirm or update your marketing preferences if you ask us to provide further products and services in the future, or if there are changes in the law, regulation, or the structure of our business.

You have the following rights under data protection law:

• Right of access – you have the right to request a copy of your personal information that we process and you are entitled to receive confirmation about whether your personal information is being processed by us;
• Right to rectification – you have the right to request that your personal information is updated where you consider it is inaccurate or incomplete;
• Right to object – you have the right to object to us handling your personal information where we are handling your personal information in certain circumstances;
• Right of erasure – you have the right to ask us to erase your personal information in certain circumstances;
• Right to restriction of processing – you have the right to ask us to restrict the processing of your personal information in certain circumstances; and
• Right to data portability – you have the right to ask that we transfer the personal information to another organisation, or to you, only where we are processing your personal information because you have consented to us using it or where there is a contract in place between us.

For more information on each of those rights, including the circumstances in which they apply, please contact us (see ‘How to contact us’ below) or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights.

How to contact us

To get in touch with us about any of the above (including if you have any questions about this Privacy Policy or the information we hold about you, to exercise a right under data protection law or to make a complaint) please email or write to our data protection officer at: dpo@smsenergy.com/ Data Protection Officer, Smart Metering Systems Limited, 2nd Floor, 48 St Vincent Street, Glasgow, G2 5TS.

Information Commissioner’s Office

Please contact us if you have any queries or concerns about our use of your personal information (see above ‘How to contact us’). We hope we will be able to resolve any issues you may have.

If an individual is not happy with our reply to any complaint or thinks our processing of their personal information 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

Web: Information Commissioner’s Office (ICO)

Updates to this Privacy Policy

We review this Privacy Policy regularly. If there are any changes to the way we use personal information, we will update this Privacy Policy on our website. This Privacy Policy was last updated in December 2024.