(last updated 19 August 2019)
Your privacy is of paramount importance to MAINSTREAM RENEWABLE POWER LIMITED, company number 453076, and having its registered office at Top Floor, Arena House, Arena Road, Sandyford, Dublin 18, D18 V8P6 (hereinafter referred to as “Mainstream”, “we”, “us” or “our”, which terms shall also include our Affiliates. “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with us. “Control” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity). This privacy and cookies statement (the “Privacy Statement”) applies to all products and services offered by Mainstream and any Mainstream website (the “Service(s)”).
This Privacy Statement sets out the basis on which any Personal Data which we collect from you, or that you provide to us, will be processed by us. In this Privacy Statement, the term “Personal Data” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, our possession, and includes personal data as described in Data Protection Legislation (as defined below).
Please read the following carefully. By using any of our Services, communicating with us, conducting business with us and/or interacting with us in any other way, , it indicates that you have reviewed this Privacy Statement and accept that your Personal Data will be processed in accordance with the terms of this Privacy Statement.
We will handle your Personal Data in accordance with Data Protection Legislation. “Data Protection Legislation” means the Data Protection Act 2018 and General Data Protection Regulation (EU) 2016/679 (“GDPR”), any other applicable law or regulation relating to the processing of Personal Data and to privacy (including the E-Privacy Directive and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (“E-Privacy Regulations”), as such legislation shall be amended, revised or replaced from time to time (and laws amending or supplementing the E-Privacy Regulations).
This Privacy Statement sets out the basis on which any Personal Data which we collect from you, or that you provide to us, will be processed by us.
The processing of your Personal Data is controlled by Mainstream Renewable Power Limited together with one or more of its' Affiliates depending on the type of processing being conducted. In this regard, Mainstream Renewable Power Limited and its Affiliate(s) process your Personal Data in the capacity of “Joint Controllers”, in that the entities jointly determine and decide how and why to collect and use your Personal Data. They are jointly responsible for and are committed to processing your Personal Data in a fair and transparent manner and in accordance with Data Protection Legislation.
Mainstream Renewable Power Limited acts as Mainstream’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.
1. 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.
We gather your Personal Data both directly from you and indirectly from third parties as you interact with us and our Services:
Directly from you. Examples of Personal Data we gather directly from you includes 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 Service;
- You visit our offices and we gather, for security purposes, your name (including name prefix or title), the company you work for, 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 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;
- 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 you 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;
- 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 Personal 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 Personal Data to us.
2. Why we collect/have access to your information and the legal basis for processing that information
Mainstream only processes your Personal 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, and sending you information you have requested and providing information that may be useful to you.
We will only process your personal data where necessary and where there is a lawful basis to do so. In general, we process your personal 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 Personal 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;|
|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.);||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, develop enquiries, 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;|
A cookie is a small text file that is placed on your device by a web server which enables a website and/or mobile app to recognise repeat users, facilitate the user’s ongoing access to and use of a website and/or mobile app and allows the website and/or mobile app to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising.
|Google Analytics||Counting visitors to the site||< 2 years|
|Google Maps||Used for project maps||6 months|
|Mainstream||Used to track users on site||after browser session|
You should also be aware that there are cookies which are found in other companies’ internet tools which we are using to enhance the website Services. You may see social buttons during your use of the website Services, including but not limited to Twitter, YouTube, and Facebook which enable you to share or bookmark certain web pages. These websites have their own cookies, which are controlled by them.
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.
4. Are there 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 Service, 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 marketing related electronic communication that we send to you; or
- to invite you to participate in surveys about our services (participation is always voluntary).
5. What rights do you have?
As a data subject, you have the following rights under Data Protection Legislation and Mainstream Renewable Power Limited and its Affiliates, as Joint Controllers in respect of your Personal Data, will comply with such rights in respect of your Personal Data:
- the right of access to Personal Data relating to you;
- the right to correct any mistakes in your Personal 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 Personal Data being processed;
- the right to have your Personal Data ported to another data controller;
- the right to erasure; and
- the right to complain to the Data Protection Commission (“DPC”) if you believe we have not handled your Personal 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 Personal Data, please contact us (see How to Contact Us below). We will respond to any rights that you exercise within a 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 Section 1 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 8 below);
- details of the period for which it is held or the criteria we use to determine how long it is held (see Section 13 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);
- whether we carry out automated decision-making, or profiling, and where we do, information about the logic involved and the envisaged outcome or consequences of that decision making or profiling (please note that we do not currently carry out any profiling – we will notify you by updating this Privacy Statement if this changes); and
- where your Personal Data are transferred out of the EEA, what safeguards are in place (see Section 8 below).
Details in respect of the above points are all set out in this Privacy Statement; however, if you need further clarification, please contact us (see How to Contact Us below).
Requests for your Personal 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 Service. 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 administrative costs of doing so), or (ii) we are entitled to do so pursuant to Data Protection Legislation.
Right to update your Personal Data or correct any mistakes in your Personal Data
You can require us to correct any mistakes in your Personal Data which we hold, free of charge. 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 Personal 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 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 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 by opting out (where the communication has been sent pursuant to our legitimate interests) or by withdrawing your consent. To do this, you can:
- email or write to us (see How to Contact Us below); or
- click on the unsubscribe button at the bottom of the electronic communication.
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 Statement 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 Personal Data temporarily if:
- you do not think that your Personal 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 Personal 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 Personal Data
If you exercise your right to restrict us from processing your Personal 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 Personal 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 Personal Data where:
- you do not believe that we need your Personal Data in order to process it for the purposes set out in this Privacy Statement;
- if you had given us consent to process your Personal Data, you withdraw that consent and we cannot otherwise legally process your Personal Data;
- you object to our processing and we do not have any legal basis for continuing to process your Personal Data;
- your Personal 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 Personal 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 Personal 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
If you do not think that we have processed your Personal Data in accordance with this Privacy Statement, please contact us in the first instance. If you are not satisfied, you can complain to the DPC or exercise any of your other rights pursuant to Data Protection Legislation. Information about how to do this is available on the DPC website at https://www.dataprotection.ie.
6. Withdrawal of consent
If you no longer consent to our processing of your Personal Data (in respect of any matter referred to in this Privacy Statement as requiring your consent), you may request that we cease such processing by emailing us at email@example.com. Please note that if you withdraw your consent to such processing, it may not be possible for us to provide all/part of the Service to you.
7. Consequences of not giving your data to us
You are not under any obligation to provide your personal data to us. However, we do need some personal data in order to enter certain contracts (for example, to enter a sale or purchase contract with you/your employer) or to provide Services to you (for example, certain functions on our websites will not be able to function correctly without cookies) and failure to provide this information may result in us not being able to enter such contracts or provide you with such Services. You will be notified if this is the case at the time.
8. Who do we share your information with?
Mainstream will only share your Personal Data where it has a valid legal basis to do so.
If Mainstream becomes involved in a merger, acquisition, or any form of sale of some of all of its assets, your Personal Data will not be transferred to any third party unless there are adequate safeguards in place with the recipient in respect of the security of your Personal Data.
We restrict access to your Personal 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 discipline, including termination, civil litigation and/or criminal prosecution, if they fail to meet these obligations.
Your Personal 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 Personal Data is treated securely and in accordance with this Statement. The safeguards in place with regard to the transfer of your Personal 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 of your Personal Data 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.
9. Third party websites
10. Offensive content
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 Personal 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.
11. 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 Personal Data to employees, contractors and agents who need such access 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 service provider has appropriate security measures in place. However, the website 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 Personal Data. In particular, we will consider the risks presented by accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to your Personal 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 Personal Data, we cannot guarantee the security of any data transmitted 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 service provider not contracted by us, and you acknowledge that the Service 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 Personal Data arising from such risks.
12. Breach reporting
We will notify serious data breaches in respect of your Personal 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 Personal 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; or
- 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.
13. Retention of personal data
Your Personal 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 Personal 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.
14. Amendments to Privacy Statement
Mainstream may change its Privacy Statement from time to time and at Mainstream’s sole discretion. The date of the most recent revisions will appear on this page. If you do not agree to these changes, please do not continue to use the Services to submit your Personal Data to us. If material changes are made to the Privacy Statement, we will notify you by placing a prominent notice on our website or by sending you a notification in relation to this.
15. 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 by email to firstname.lastname@example.org.