(LAST UPDATED 16 NOVEMBER 2022)
We will handle Your Data in accordance with Data Protection Legislation. “Data Protection Legislation” means the Data Protection Acts 1988 to 2018, the General Data Protection Regulation (EU) 2016/679 (“GDPR”), and any other applicable law or regulation relating to the processing of Personal Data and to privacy, including the E-Privacy Directive 2002/58/EC and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (“E-Privacy Regulations”), as such legislation shall be supplemented, amended, revised or replaced from time to time.
You may be a data subject (as defined in Data Protection Legislation) or you may be a controller. When you are a controller in respect of the Personal Data of other data subjects, then you must comply with all of your controller obligations under Data Protection Legislation. When you are a controller, we and you act as independent controllers, unless agreed otherwise.
Where Mainstream and its Affiliate(s) process Your Data in the capacity of “Joint Controllers”, in that the entities jointly determine and decide how and why to collect and use Your Data, they are jointly responsible for and are committed to processing Your Data in a fair and transparent manner and in accordance with Data Protection Legislation.
Mainstream Renewable Power Limited acts as the Mainstream group’s main establishment (as defined in Data Protection Legislation) and is the primary point of contact regarding this Statement and your data protection rights. See section 15 below for contact details.
INFORMATION WE GATHER FROM YOU
We fully respect your right to privacy in relation to your interactions with Mainstream and endeavour to be transparent in our dealings with you as to what information we will collect and how we will use your information. Also, we only collect and use individual’s information where we are legally entitled to do so. Information in relation to Personal Data collected by Irish entities is available on www.dataprotection.ie, the website of the Irish Data Protection Commissioner (“DPC”).
When using our Services, you may voluntarily submit Personal Data to us which can identify you or can be used to identify or contact you and may include your name, address, email address and telephone number. When you send email or other communication to Mainstream, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services (any Personal Data that we collect from you for these purposes is hereinafter referred to together as “Your Data”).
We gather Your Data both directly from you and indirectly from third parties as you interact with us and our Services:
Directly from you. Examples include when:
- You voluntarily provide us with your name, address, email address, telephone number, your company and job title and/or any additional Personal Data you may choose to include when you send an email or other communication to Mainstream. We may retain those communications in order to process your inquiries, respond to your requests and improve our Services;
- You visit our offices and we gather, for security purposes, your name (including name prefix or title), the company you work for, car registration number, your title or position, the times you arrived at and departed our offices, the purpose of your visit and your signature;
- You provide information to us for the purposes of attending meetings and events, including access and dietary requirements;
- You provide us with your email address and news preferences when you subscribe to receive news from us;
- You are a shareholder and provide us with your name, company name and access code to access and download the Mainstream annual reports;
- You engage with any of our Services and we collect Personal Data from you including: (i) basic information such as your name (including prefix or title), the company you work for, your title or position and your relationship to a person; (ii) contact information, such as your postal address, email address and phone number(s); (iii) financial information (e.g. payment-related information); (iv) asset information (e.g. if you are a land owner and therefore a stakeholder in a Mainstream energy project); and/or (v) information about your stated stakeholder interests in a Mainstream energy project; investment information if you are a shareholder in Mainstream; and/or (vi) information about your stated stakeholder interests in a Mainstream energy project;
- You provide us with your CV and related information when apply for a job with us; or
- You access our website and we use technology to help us make the site work. See “Cookies” for more details.
From third parties. Examples include:
- Publicly available information. For example, from company registers (including the Companies Registration Office), land registers, online search engines and related results;
- Your employer, where they provide your name and contact details as a point of contact;
- Third parties who provide services to you. For example, from your legal advisors and authorised representatives;
- Third parties who provide Services to us;
- Referees you nominate to use as part of a job application;
- Our employees who provide to us your name and contact details as their emergency contact;
- Recruitment agencies who pass on your CV and related information to us with regards to a job position; or
- Our banking providers, whereby information about a transaction with you appears on our bank statements.
We endeavour to keep your Data accurate and up-to-date. As such, you must tell us about any changes to such information that you are aware of as soon as possible.
If you are aged 18 or under, please get your parent/guardian’s permission before you provide your Data to us.
WHY WE COLLECT/HAVE ACCESS TO YOUR INFORMATION
Mainstream only processes Your Data for the purpose of: providing, improving, and ensuring the delivery of the Services, developing new related Services to users, personalising the way our content is presented to you, ensuring that content on our Services is presented in the most effective manner for you and for your computer/device, sending you information you have requested and providing information that may be useful to you.
We will only process Your Data where necessary and where there is a lawful basis to do so. In general, we process Your Data in accordance with the following legal bases:
- To enter into or perform a contract with you/your employer (for example, where we enter a contract with you/your employer in relation to the provision of a Service or where you/your employer sell goods or services to us);
- To comply with our legal obligations;
- To pursue our legitimate business interests subject to those interests not being overridden by your interests and rights; and
- Occasionally, we may rely on your explicit consent to process your Personal Data for a specific purpose which will be clearly communicated to you when such consent is sought.
Where consent has been provided, it can be withdrawn at any time – see section 6 below.The following table provides additional information on examples of why we process Your Data, the types of personal data involved and the legal basis for doing so.
|Purpose||Type of Personal Data||Legal basis – processing is necessary for:|
|Mainstream purchases, or makes an inquiry to purchase, a product or service from you/your employer; Identity; Contact; Occupational; Financial; Steps to enter into or perform a contract with you/your employer;||Identity; Contact; Occupational; Financial;||Steps to enter into or perform a contract with you/your employer;|
|Manage and respond to inquiries from you;||Identity; Contact; Occupational;||Legitimate interests;|
|Mainstream enters a contract with you/your employer in connection to an energy project Service;||Identity; Contact; Occupational; Financial; Assets;||Enter into and performance of a contract with you/your employer;|
|Manage relationships with stakeholders of Mainstream energy projects;||Identity; Contact; Occupational; Financial; Assets;||Legitimate interests;|
|Compliance with our legal, statutory and regulatory obligations (e.g. Returns to the Revenue Commissioners in order to comply with taxation legislation; Audits of our financial statements and reporting to the Companies Registration Office in compliance with company law; Complying with legally binding requests or orders from regulatory bodies, law enforcement agencies, the courts or otherwise, compliance with anti-money laundering legislation and regulations governing the disclosure of beneficial ownership of corporate entities, provision of annual reports to shareholders via our website).||Identity; Contact; Occupational; Financial; Transactional;||Compliance with legal obligations;|
|Provide operational and servicing information relevant to the relationship between you/your employer and us;||Identity; Contact; Occupational;||Performance of a contract; or Legitimate interests (where no contract exists);|
|Conducting marketing activities, including direct marketing, sending you information you have requested and providing information that may be useful to you;||Identity; Contact; Occupational; Preferences;||Legitimate interests; or Consent;|
|Identify new business opportunities, generate new business leads and develop a business relationship with you;||Identity; Contact; Occupational;||Legitimate interests to conduct the day-to-day running of our business;|
|Monitor, maintain and continuously improve our business processes, technology, communications, customer service, information and data management, including the use in staff training;||Identity; Contact; Occupational; Financial; Transactional;||Legitimate interests to develop our business, products and services, reputation and internal processes;|
|Manage and analyse complaints to protect our legal interests and identify measures to mitigate the risk of reoccurrence;||Identity; Contact; Occupational; Preferences; Statements about you; Financial; Transactional;||Legitimate interests to protect our legal interests and develop our business, products and services, reputation and internal processes;|
|Manage, monitor and protect our physical properties and assets (via access controls, etc.);||Identity; Contact; Occupational; Location;||Legitimate interests to protect our business assets;|
|Keep our networks and information secure, including business continuity and disaster recovery plans and procedures;||Online Identifiers;||Legitimate interests to protect our business assets;|
|Establish, exercise or defend legal claims;||All relevant Personal Data held;||Legitimate interests to protect our legal rights and interests;|
|Recruitment of staff;||Identity; Contact; Occupational;||Legitimate interests to conduct the day-to-day running of our business;|
|Perform day-to-day operations in order to run and develop our business (e.g. statistical and financial analysis, accounting and reporting, strategy and planning, market research);||Identity; Contact; Occupational; Online Identifiers; Financial; Transactional;||Legitimate interests to conduct the day-to-day running of our business;|
|Facilitate a sale or purchase of our business or assets or any merger with any other business or any secured funding, securitisation or other funding arrangement;||Identity; Contact; Occupational; Financial; Transactional;||Legitimate interests;|
|For health and safety purposes if you are listed as a next of kin for a Mainstream employee.||Identity; Contact.||Legitimate interests; Compliance with legal obligations|
|If you are a Mainstream shareholder, to provide updates on your investment in the Company and general shareholder updates on an annual basis.||Identity; Contact; Financial; Transactional||Legitimate interests; Compliance with legal obligations|
|Google Analytics (GA4)||Counting visitors to the site||<2 years|
|Google Maps||Used for project maps||6 months|
|Mainstream||Used to track users on site||after browser sessions|
The ‘Help Menu’ on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer.
For more information about cookies and managing them, including how to turn them off, please visit www.cookiecentral.com. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to fully experience the interactive features of our Services/Website or other related websites/applications which you visit/use.
CASES WHERE WE MAY USE YOUR INFORMATION TO CONTACT YOU
We may contact you:
- for administration reasons related to the Services (e.g. to notify you that a particular Services, activity or online content has been suspended for maintenance, or in response to a question that you ask us);
- to provide you with information about our Services and business generally, activities or online content, including sending e-newsletters or similar correspondence and updates or responding to any contact you have made with us, e.g. on our website, by email or via the ‘How To Contact Us’ facility referred to below. You will be given the opportunity to ‘unsubscribe’ from electronic communications on every electronic communication that we send to you;
- to invite you to participate in surveys about our Services (participation is always voluntary)
in the event you are an emergency contact of an employee and it is necessary to do so.
WHAT RIGHTS DO YOU HAVE
As a data subject, you have the following rights under Data Protection Legislation and we, as Data Controller in respect of Your Data, will comply with such rights in respect of Your Data:
- the right of access to Your Data;
- the right to correct any mistakes in Your Data;
- the right to ask us to stop contacting you with direct marketing;
- rights in relation to automated decision taking;
- the right to restrict or prevent Your Data being processed;
- the right to have Your Data ported to another data controller;
- the right to erasure; and
- the right to complain to the DPC if you believe we have not handled Your Data in accordance with Data Protection Legislation.
These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of Your Data, please contact us (see ‘How To Contact Us’ below). We will respond to any rights that you exercise within one month of receiving your request, unless the request is particularly complex or cumbersome, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond). Where a response is required from us within a particular time period pursuant to Data Protection Legislation, we will respond within that time period.
Right of access to Personal Data relating to you
You may ask to see what Personal Data we hold about you and be provided with:
- a summary of such Personal Data and the categories of Personal Data held (see Sections 1 and 2 above);
- details of the purpose for which it is being or is to be processed (see Section 2 above);
- details of the recipients or classes of recipients to whom it is or may be disclosed, including if they are overseas and what protections are used for those oversea transfers (see Section 7 below);
- details of the period for which it is held or the criteria we use to determine how long it is held (see Section 12 below);
- details of your rights, including the rights to rectification, erasure, restriction or objection to the processing (set out in this Section 5);
- any information available about the source of that data (see Section 1 above);
where Your Data are transferred out of the EEA, what safeguards are in place (see Section 7 below).
Requests for Your Data must be made to us (see ‘How To Contact Us’ below) specifying what Personal Data you need access to, and a copy of such request may be kept by us for our legitimate purposes in managing the Services. To help us find the information easily, please give us as much information as possible about the type of information you would like to see. If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person, if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person, if possible.
There are certain types of data which we are not obliged to disclose to you, which include Personal Data which records our intentions in relation to any negotiations with you where disclosure would be likely to prejudice those negotiations. We are also entitled to refuse a data access request from you where (i) such request is manifestly unfounded or excessive, in particular because of its repetitive character (in this case, if we decide to provide you with the Personal Data requested, we may charge you a reasonable fee to account for the administrative costs of doing so), or (ii) we are entitled to do so pursuant to Data Protection Legislation.
Right to update Your Data or correct any mistakes in Your Data
You can require us, free of charge, to correct any mistakes in Your Data. If you would like to do this, please:
- email or write to us (see ‘How To Contact Us below);
- let us have enough information to identify you (e.g. name, email address); and
- let us know the information that is incorrect and what it should be replaced with.
- If we are required to update Your Data, we will inform recipients to whom that Personal Data have been disclosed (if any), unless this proves impossible or has a disproportionate effort.
It is your responsibility to ensure that all of the Personal Data provided to us is accurate and complete. If any information you have given us changes, please let us know as soon as possible (see ‘How To Contact Us’ below).
Right to ask us to stop contacting you with direct marketing
We have a legitimate interest to send you electronic communications/direct marketing in connection with the Services and related matters (which may include but shall not be limited to newsletters, events, announcement of new website features etc.). We may also ask you for your consent to certain types of direct marketing from time to time for example to send you newsletters, to enter competitions or to complete surveys that we use for research purposes.
You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:
- email or write to us (see ‘How To Contact Us’ below);
- indicate that you do not wish to receive direct marketing when you first provide us with Your Data;
- click on the ‘unsubscribe’ button at the bottom of the electronic communication; and
- let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only (for example, you may be happy for us to contact you by email but not by telephone).
We will provide you with information on action taken on a request to stop direct marketing – this may be in the form of a response email confirming that you have ‘unsubscribed’.
Rights in relation to automated decision taking (if applicable)
We do not currently engage in any decision making or profiling about you based entirely on automated processing (i.e. without human intervention). In the event that we ever do undertake automated decision making or profiling, this Policy will be updated accordingly and you have the right to ask us to ensure that, if we are evaluating you, we don’t base any decisions solely on an automated process and have any decision reviewed by a member of staff. These rights will not apply in all circumstances, for example where the decision is (i) authorised or required by law, (ii) necessary for the performance of a contract between you and us, or (ii) is based on your explicit consent. In all cases, we will endeavour that steps have been taken to safeguard your interests.
Right to restrict or prevent processing of Personal Data
In accordance with Data Processing Legislation, you may request that we stop processing Your Data temporarily if:
- you do not think that Your Data is accurate (but we will start processing again once we have checked and confirmed that it is accurate);
- the processing is unlawful but you do not want us to erase Your Data;
- we no longer need the Personal Data for our processing; or
- you have objected to processing because you believe that your interests should override the basis upon which we process Your Data.
If you exercise your right to restrict us from processing Your Data, we will continue to process the Personal Data if:
- you consent to such processing;
- the processing is necessary for the exercise or defence of legal claims;
- the processing is necessary for the protection of the rights of other individuals or legal persons; or
- the processing is necessary for public interest reasons.
Right to data portability
In accordance with Data Protection Legislation, you may ask for an electronic copy of Your Data that you have provided to us and which we hold electronically, or for us to provide this directly to another party. This right only applies to Personal Data that you have provided to us – it does not extend to data generated by us. In addition, the right to data portability also only applies where:
- the processing is based on your consent or for the performance of a contract; and
- the processing is carried out by automated means.
Right to erasure
In accordance with Data Protection Legislation, you can ask us (please see ‘How To Contact Us’ below) to erase Your Data where:
- if you had given us consent to process Your Data, you withdraw that consent and we cannot otherwise legally process Your Data;
- you object to our processing and we do not have any legal basis for continuing to process Your Data;
- Your Data has been processed unlawfully or have not been erased when it should have been; or
- the Personal Data have to be erased to comply with law.
We may continue to process Your Data in certain circumstances in accordance with Data Protection Legislation (i.e. where we have a legal justification to continue to hold such Personal Data, such as it being within our legitimate business interest to do so, e.g. retaining evidence of billing information etc.). Where you have requested the erasure of Your Data, we will inform recipients to whom that Personal Data have been disclosed, unless this proves impossible or involves disproportionate effort. We will also inform you about those recipients if you request it.
Right to complain to the DPC
Information about how to do this is available on the DPC website at https://www.dataprotection.ie
WITHDRAWAL OF CONSENT
WHO DO WE SHARE YOUR INFORMATION WITH
We restrict access to Your Data to employees, contractors, and agents who need to know that information in order to operate, develop, or improve our Services. These individuals are bound by confidentiality obligations and may be subject to disciplinary action, including termination, civil litigation and/or criminal prosecution, if they fail to meet these obligations.
Your Data may be transferred to, stored at, or accessed from a destination outside the European Economic Area (“EEA”) for the purposes of us providing the Services. It may also be processed by staff operating outside the EEA who work for us, another corporate entity within our group, or any of our suppliers. We will take all steps reasonably necessary to ensure that Your Data is treated securely and in accordance with this Policy. The safeguards in place with regard to the transfer of Your Data outside of the EEA are the entry by us into appropriate contracts with all transferees of such data.
We may provide non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. However, we do not sell or share any information about individual users.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access the Services, you are responsible for keeping this password confidential. It is imperative that you do not share your password(s) with any other person.
If you provide any information to us which may reasonably be deemed to be offensive, inappropriate or objectionable or otherwise engage in any disruptive behaviour in relation to the Services, we may remove such information and/or suspend your use of the Services.
Where we reasonably believe that you are or may be in breach of any applicable laws, for example on hate speech, we may disclose Your Data to relevant third parties, including to law enforcement agencies or your internet provider. We would only do so in circumstances where such disclosure is permitted under applicable laws, including Data Protection Legislation.
HOW DO WE PROTECT YOUR PERSONAL INFORMATION?
We do our utmost to protect user privacy through the appropriate use of security technology. We restrict access to Your Data to employees, contractors and agents who need to know such Your Data in order to operate, develop or improve the Services that we provide. We ensure that we have appropriate physical and technological security measures to protect your information; and we ensure that when we outsource any processes that the Services provider has appropriate security measures in place. However, the Services may contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.
We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks that are presented by the processing of Your Data. In particular, we will consider the risks presented by accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Your Data transmitted, stored or otherwise processed.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect Your Data, we cannot guarantee the security of any data transmitted to us and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. To the extent permitted by law, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from (i) the transfer of data over communications networks and facilities, including the internet, or (ii) any delay or delivery failure on the part of any other Services provider not contracted by us, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You will appreciate that we cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware and viruses. Accordingly, you will not hold us liable for any unauthorized disclosure, loss or destruction of Your Data arising from such risks.
We will notify serious data breaches in respect of Your Data to the DPC without undue delay, and where feasible, not later than 72 hours after having become aware of same. If notification is not made after 72 hours, we will record a reasoned justification for the delay; however, it is not necessary to notify the DPC where the Personal Data breach is unlikely to result in a risk to the rights and freedoms of natural persons. A Personal Data breach in this context means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
We will keep a record of any data breaches, including their effects and the remedial action taken, and will notify you of any data breach affecting Your Data (which poses a high risk to you) when we are required to do so under Data Protection Legislation. We will not be required to notify you of a data breach where:
we have implemented appropriate technical and organisational measures that render the Personal Data unintelligible to anyone not authorised to access it, such as encryption;
we have taken subsequent measures which ensure that the high risk to data subjects is not likely to materialise; or
it would involve disproportionate effort, in which case we may make a public communication instead.
RETENTION OF PERSONAL DATA
Your Data will be kept and stored for such period of time as we deem necessary taking into account the purpose for which it was collected in the first instance. This may include retaining Your Data as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services.
AMENDMENTS TO PRIVACY STATEMENT
HOW TO CONTACT US
If you need to contact us with regard to any of your rights as set out in this Policy, all such requests should be made in writing by email to [email protected].