Powersensor Privacy Policy

Last Updated: 28 September 2023

Your privacy is important to us and we are required to handle your personal information in accordance with the Australian Privacy Principles (the APPs) contained within the Privacy Act 1988 (Cth) (the Act). This Privacy Policy applies to personal information (defined by the Act). It describes how we will collect, use, disclose and store your personal information. The information set out in this policy explains how we comply with Australian privacy requirements.

(a) commitment to compliance with privacy requirements;

(b) allocation of resources to privacy, including our technology systems and services; and

1. Background

Our proprietary wireless energy consumption and solar generation cloud-connected monitoring solution (Powersensor) is designed to be easily installed without an electrician. It comprises:

(a) a power (meter/appliance usage and solar generation) sensor and an energy monitoring gateway (the Device);

(b) a free mobile application (downloaded from Apple App Store or Google Play Store) intended for the use by end user of the Device (End Users) for installing the Devices and viewing the data generated from it (Mobile App); and

(c) a cloud-based platform through which we: (i) provide an energy monitoring service (Service), and (ii) is able to view energy use and other data that is accessible to the End User through the application.

We prioritise the privacy of all end-users and visitors. We have adopted this Privacy Policy to ensure that we have standards in place to protect Personal Information. This Privacy Policy describes the types of information that we collect, record, and use to the extent permitted by law, including the Act.

Our website may contain hyperlinks to third-party websites that are not managed by us, and therefore, are not subject to this Privacy Policy. By using the www.powersensor.com.au website (the Website), the Powersensor Product, the Mobile App, and/or the Services, you hereby consent to this policy and to the collection, use, and disclosure of your personal information as outlined in this Policy.

If you have any questions or require information about our Privacy Policy, do not hesitate to contact us through email at privacy@powersensor.com.au

1.1 Personal Information

“Personal Information” referred to in this Privacy Policy comprises any information or opinion that identifies you or that will enable your identity to be reasonably ascertained. Personal information can include your name, contact details such as your residential or postal address, email address, date of birth or telephone number, and information about your energy supply, use or generation. The Personal Information that we collect and use in accordance with this Policy primarily relates to the use and improvement of the Powersensor product and system.

2. Collection of Information

We will only collect personal information that you provide us directly, in one of the methods described below in this Section 2, or through one or more of our agents or resellers and you are entirely free to decide whether or not to supply this information. We collect Personal Information in three principal ways:

2.1 The Powersensor Website

When visiting the www.powersensor.com.au, we automatically collect:

(a) information about your visit, including the pages you view, the links you click, and other actions taken in connection with our websites and services;

(b) certain standard information your computer or mobile browser sends to every site you visit, such as your IP address, browser type and language, documents downloaded, access times and referring website addresses; and

(c) information through the use of various technologies, including “cookies”. A cookie is a small data file that a site can send to your browser, which may then be stored on your computer as an anonymous tag that identifies your computer, but not you. Cookies in and of themselves do not personally identify users, although they do identify a user’s browser. Some Powersensor website pages use cookies or other technologies to better serve you when you return to the website.

You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do so, however, some pages of the website may not work properly.

2.2 Written Communication

There are instances where we may acquire personal information from you through registration and subscription forms or email or other messages sent to us directly from you or through one of our agents or reseller. This may include, but is not limited to, your name, title, company or organisation, address, phone number, and e-mail address. In order to assist you with the use of you rPowersensor, we may request that you take a photo of your installed Powersensor devices. Additionally, these photos may be used in marketing, promotional or educational activities, with the omission of any personally identifiable information..

We may also receive Personal Information from sources such as advertising, public records, mailing lists, contractors, staff, recruitment agencies and our business partners and resellers. You will be informed at each instance what information is required and what information is optional.

2.3 The Powersensor Product and Service

Once you connect your Powersensor and launch the Mobile App, we will monitor and collect Personal Information, including your:

(a) name, location, date of birth, family details, and electricity consumption and supply information such as energy provider, energy tariff, meter, supply, and solar system information;

(b) landline and/or mobile telephone, residential, business and postal address and other contact information;

(c) in relation to your consumption and supply of electricity, WiFi SSID, your IP addresses, details of your Powersensor devices, your actions on the Website and/or the Mobile App and other digital information created by an individual’s use of our online systems including, but not limited to, the website/support/user forums;

(d) energy consumption and generation information;

(e) photographic imagessuch as geotagging, relating to the installation of your Powersensor devices; and

(f) if and once you subscribe to the Service for a fee, bank or credit card details used to transact with us and other financial information that allows us to transact with you.

4. Protection of information

Our staff and service providers who handle or obtain personal information are subject to obligations of confidentiality and privacy under the Privacy Act 1988 (Cth), any applicable privacy laws, and this Privacy Policy.

We secure our physical facilities and employ data security technology. We use SSL encryption to transfer Personal Information and an authentication service for usernames/passwords. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us through the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.

We use various systems and services to safeguard the personal information we store and use, as part of our business systems and processes. Like many companies, these systems and services may be international in operation and include other companies or entities overseas. They may also be provided by other people and organisations assisting us with services, located both in and outside Australia. When we pass on or share your personal information in this way, we take reasonable steps to ensure it is treated in the same way that we would treat it. We do our best to keep records of personal information up to date and accurate and not to keep personal information that is no longer needed.

We are not in the business of publicly disclosing your personal information without your consent or selling Personal Information. However, we reserve the right to disclose some of your personal information to our affiliates and third-party organisations, who assist us in providing our products and services or hosting/maintaining the solution/website. We take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

We will otherwise only release your personal information to third parties if such disclosure is required by law, including if pursuant to judicial or other government subpoenas, warrants, or orders or is necessary to protect our safety, rights, or property or those of our employees.

We take reasonable care to determine that the third parties described above with whom we work and to whom we may provide Personal Information will protect the confidentiality of Personal Information and have systems in place to do so. However, we cannot guarantee that these third parties will in every instance apply the degree of diligence and vigilance in maintaining the confidentiality of Personal Information to the extent that we do. We have appointed a data protection officer to oversee the management of this Privacy Policy, who is assisted by internal and external advisors and can be contacted at privacy@powersensor.com.au.

5. Opt-out

You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page. Google has additional information available about their Remarketing Privacy Guidelines and Restrictions. You may also opt out of the marketing communications that we may send to you by emailing support@powersensor.com.au with the subject line ‘unsubscribe’.

You may opt to not have us collect and/or process their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us.

6. Changes

This Privacy Policy was last updated on 28 September 2023. If there will be any update, amendment, or changes to our Privacy Policy then these will be posted on this page. We reserve the right to amend this Privacy Policy at any time. Visitors to this website are responsible for consulting this page on a regular basis to inform themselves of any amendments that may have been made. The amended Privacy Policy will apply between us whether or not we have given you specific notice of any change.

7. Personal Information Access and Correction

You have a right to access the personal information that we hold, with some exceptions as allowed by law, which you can do by emailing privacy@powersensor.com.au. We reserve the right to charge a reasonable fee for the provision of this information. We recommend that, if there are any errors in your personal information, that you let us know, and we will take reasonable steps to update it. End-Users of the Powersensor device and system can update their Personal Information from within their account or profile at any time to ensure it is accurate and complete.

We may be required to delete or remove Personal Information such as where you request us to do so (in which case we may not be able to provide to you our services) or processing of the Personal Information breaches the Australian Privacy Principles or Australian Privacy Act 1998 (Cth);

Terms & Conditions

These Terms & Conditions apply to Powersensor product kits. Powersensor End-User Terms of Use.

Powersensor is a wireless energy consumption and solar generation cloud-connected monitoring device that is designed to be easily installed without an electrician (the Powersensor).

The Powersensor comprises:

(a) a power meter/appliance usage and solar generation sensor and an energy monitoring gateway (the Device);

(b) a mobile application (downloaded from Apple App Store or Google Play Store) intended for the use by the end user of the Device (End User) for installing the Devices and viewing the data generated from it (Mobile App); and

(c) a cloud-based platform through which Powersensor: (i) provides its energy monitoring and other services all related to the Powersensor (Service), and (ii) is able to view energy use and other data that is accessible through the application.

Getting Started

Formation of Contract with you

These terms of use relate to your use of the Powersensor once you unpack the Deviceare ready to install it and/or once you register to the Powersensor service through the Mobile App and/or once you subscribe to the Services. If you have purchased the Powersensor Device and/or Service from a person other than directly from Powersensor, such as a reseller or distributor, you should pay that other person for the Device and/or Service Powersensor and contact that other person for any queries or issues regarding your purchase.

By unpacking the Device and installing and/or using the Powersensor Device and/or Service or any of its components, you thereby consent to these terms of use.

These terms are subject to change at any time at our discretion and you are encouraged to review the most current terms and any relevant specific terms each time you visit. Each time you access any component of the Powersensor, you thereby agree to be bound by the most current version of these terms. If you do not wish to be bound by these terms, do not use or access the Powersensor or the Mobile App or the Service.

1. Installation

1.1 Installation

It is your responsibility to:

(a) install the Powersensor device and system in accordance with the installation instructions, on your electricity meter and/or inverter, and/or your desired electrical appliance;

(b) download the Mobile App; and

1.2 Accuracy of Information

Powersensor shall be entitled to rely upon the accuracy of all information provided by you, or by third parties on your behalf, without having to independently verify it. Powersensor shall be entitled to rely upon the timely receipt of all such information when committing to timely delivery of the Services.

1.3 Assistance

If notwithstanding that the Powersensor is designed for self-installation, you require assistance with installing your Powersensor, please contact the supplier from which you directly purchased your Powersensor.

1.4 Downtime and Maintenance

You acknowledge that the Powersensor may experience downtime from time to time including for the purpose of maintenance.

2. Grant of Rights

2.1 Grant

Subject to these Terms, Powersensor grants to you a license for the License Term, a non-exclusive, non-transferable, and non-sublicensable license, to:

(a) use the Powersensor;

(b) access the Services including through the Mobile App; and

(the License).

2.2 License Qualification and Restrictions

The License granted to you is You may use the Powersenor only for purposes expressly set out in Section 2.1permitted by Powersensor. You may not use Powersenor for any other purpose, including any commercial purpose. You must not:

(a) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Powersenor or any component of it;

(b) use Powersenor for any purpose that is unlawful or prohibited by these Terms;

(c) mislead or deceive others through any act or omission or make a false representation of your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;

(d) introduce any virus, worm, Trojan horse, malicious code, or other program which may damage computers or other computer-based equipment to the Powersenor or to other Users;

(e) attempt to disrupt or interfere with the Powersenor or the Services;

(f) use the details of other users for anything other than the use expressly permitted by those users; nor

(g) sell, redistribute or use the information contained in the Powersenor for a commercial purpose without Powersensor’s prior written consent.

Your right to continued access to the Mobile App and Services is subject to you providing true and accurate information. You represent to Powersensor that all information you provide to us is true and correct and you will promptly notify us of any changes to such information.

Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account (except through the Share Account feature), password, login, or user ID to access or use Powersensor or the Service or Mobile App. You accept responsibility for all activities that occur under your account, user ID, or password, and all such use shall be deemed to be authorized by you;

2.3 Verification of Account Information

We reserve the right to conduct a review, at any time, to validate your account information and/or to ensure that your participation in Powersensor and/or use of the Services does not breach these Terms and/or any applicable law. You authorise us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we may request. We reserve the right to terminate the license granted by these terms and your account if you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we cannot verify the information applicable to your account.

You acknowledge that we are entitled to detect your Internet access location and may use techniques that are intended to block or restrict access from a jurisdiction in which participation in the Powersenor or the Services is illegal or restricted.

You must not mask your identity in any way, including without limitation, IP masking or accessing Powersenor over any type of proxy server.

2.4 Proprietary Rights

Powersensor owns all present and future intellectual property rights of any nature whatsoever (as defined in Article 2 of the Constitution of July 1967 establishing the World Intellectual Property Organisation) subsisting in the Powersensor, including the Device and the Mobile App and associated software, and in all derivative works of, and improvements and enhancements to, any of the foregoing created or developed by or on behalf of Powersensor. Powersensor shall be entitled, in its absolute discretion to incorporate into the Powersensor product and similar products and services any and all ideas, enhancements, and/or other information that it acquires through providing the Services and otherwise acquiring your use data through the Powersensor (collectively, Acquired Information), all in accordance with the provision of Powersensor’s privacy policy which is available for review here: https://www.powersensor.com.au/privacy-policy. You hereby grant to Powersensor a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use the Acquired Information to (i) provide the Services, and (ii) continually improve, and otherwise develop and/or modify the Powersensor and the Powersensor platform, service offering and/or the Software.

You must not decompile, create or attempt to create, by reverse engineering or otherwise, the source code from the executable code supplied under this Agreement or use it to create a derivative work.

2.5 Title

Except for the rights expressly granted under this Agreement, Powersensor retains all rights, titles, and interests in and to the intellectual property subsisting in the Powersensor, including the Device and the Mobile App and associated software.

2.6 Promotions and Comparisons

As part of your use of the Powersensor, Powersensor shall be entitled, and you authorise Powersensor, to offer to you to: (i) provide benchmarking analysis and view comparisons with energy suppliers other than the energy supplier that you use, (ii) participate in promotions from third parties. Any offers or recommendations made through the Powersensor are personal to the end-user and may not be transferred to, or relied upon, by any other person. Powersensor is not liable for the performance by any third party introduced to you a Powersensor end-user through Powersensor and hereby disclaims all liability therefor.

3. Security and Confidentiality of Data

Powersensor shall:

(a) maintain appropriate administrative, physical, and technical safeguards to protect the security and integrity of the data that you generate through use of the Powersensor and that is transmitted to a server under Powersensor's power or control, in accordance with Powersensor’s security systems and privacy measures; and

(b) protect the confidentiality and privacy of the data that you generate through the use of the Powersensor and that is transmitted to a server under Powersensor's power or control, in accordance with the provision of Powersensor’s privacy policy which is available for review here: https://www.powersensor.com.au/privacy-policy, and which is incorporated herein by reference.

4. Fees

4.1 Fee for Service following initial Period

Powersensor reserves the right to charge subscription fees for the Services that Powersensor provides to you after the initial term during which fees for the Services are not payable.

4.2 Payment Terms

You will pay Powersensor a monthly Services fee as specified at ___________ and you will be free to unsubscribe from the Services if you will not want to pay any more.

4.2 Manner of Payment

You agree that payment will be effected by Powersensor arranging to automatically deduct monthly services fees from the account that you specify ___________ where?.

5. Warranties, Limitation of Liability, and Indemnification

5.1 Warranties

Subject to Section ‎5.2, Powersensor represents and warrants that: (i) the Powersensor Device that Powersensor supplies to you will materially conform to its specifications, and (ii) the Services will be performed in a professional manner and in accordance with generally acceptable industry standards.

5.2 Limitation on Powersensor’s Warranties

(a) The warranties set out in Section ‎‎5.1 are the only warranties provided by Powersensor concerning the Powersensor product, including the Device, and the Services and the Mobile App. Powersensor hereby disclaims, all other warranties and representations, express or implied, including implied warranties of fitness for a particular purpose, merchantability, non-infringement, interference with enjoyment, or otherwise.

(b) The accuracy of the data generated by the Powersensor will depend on the positioning and placement of the Device on the Electric Meter / Inverter / Appliance.

(c) Powersensor is not liable to the End-User if any of the information supplied through the Device by the End-User is incorrect or not up to date.

(d) The warranties set out in Section ‎‎5.1 do not apply:

(i) to Devices that were damaged by improper maintenance, misuse, accident, neglect, failure to continually provide a suitable storage or operating environment, and/or used in a manner that is reasonably likely to cause degeneration or degradation or installed not in accordance with Powersensor’s instructions.

(ii) where electrical devices that do not meet the required specifications for use with the Powersensor, such as a single-phase product variant is used in a single-phase context, are used with the Powersensor; or

(iii) changes are made to the electrical switchboard, meters, or inverter.

(e) The warranties set out in Section ‎‎5.1 are applicable only where the Device was purchased from the Powersensor site or through licensed resellers.

(f) The warranties set out in Section ‎‎5.1 do not apply to the extent that the services provided by third-party service providers such as telecommunications and/or internet service providers or email service providers interfere with the Services.

5.3 Remedies under the Warranty

To the fullest extent permitted by law, Powersensor’s liability for breach of any warranty or condition that cannot be excluded is restricted, at Powersensor’s option to: (i) the re-supply of services or payment of the cost of re-supply of services, or (ii) the replacement or repair of Powersensor or payment of the cost of replacement or repair.

5.4 Limitation of Liability

Except to the extent prohibited by law and notwithstanding anything to the contrary in this Agreement, Powersensor shall not be liable for indirect, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Powersensor, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Powersensor knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise and whether or not you shall have been made aware of the possibility of such loss. You agree that you use the Powersensor at your own risk.

You agree to indemnify Powersensor for any loss, damage, cost, or expense that Powersensor may suffer or incur as a result of or in connection with your use of or conduct in connection with the Powersensor, including any breach by you of these Terms.

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted, or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability to the End-user shall be limited to the amount paid by the End-user in connection with the Product.

6. Term, Suspension, Renewal, and Termination

The term of the Licence and Service shall commence from the time that you set up and register your Powersensor and will continue for as long as you continue to use the Powersensor in accordance with these terms of use.

The Services can be terminated by either you or Powersensor by providing notice at least 90 days before the End Date, whereupon Powersensor will no longer provide the Services.

Upon termination, you will cease to have access to the Services.

8. General

8.1 Assignment

Neither party may assign any of the rights arising from this Agreement without the written permission of the other party, which will not be unreasonably withheld, delayed, or conditioned. Notwithstanding the foregoing, either party may assign all of its rights and obligations under this Agreement without the other’s prior written approval (i) to a successor-in-interest as a result of a merger or consolidation or in connection with the sale or transfer of all or substantially all of it business or assets to which this Agreement relates, or (ii) to an affiliate.

8.2 Relationship

The parties intend that nothing in this Agreement constitutes any relationship of employer and employee, principal and agent, or partnership between Powersensor and you.

8.3 Waiver

Failure by either party to enforce a provision of this Agreement shall not be construed as in any way affecting the enforceability of that provision or of the Agreement as a whole.

8.4 Subcontracting

Powersensor reserves the right to subcontract any portion of the Services and acknowledges that if it exercises this right Powersensor shall not be relieved of any of its liabilities or obligations under this Agreement.

8.5 Entire Agreement

The parties have read and understand this Agreement and agree that it constitutes the complete and exclusive statement of the agreement between them.

8.6 Delay out of Party’s Control

Neither party shall be liable for any delay in meeting or failure to meet any of its obligations under this Agreement due to any cause outside its reasonable control.

8.7 Force Majeure

If the performance of this Agreement or any obligation hereunder (other than obligations of payment) is prevented or restricted by reasons beyond the reasonable control of a party including but not limited to computer-related attacks, hacking, or acts of terrorism (a “Force Majeure Event”), the party so affected shall be excused from such performance and liability to the extent of such prevention or restriction.

8.8 Governing Law

This Agreement and the parties’ respective performance hereunder will be governed by the laws of the State of Victoria, Australia without regard to its conflicts of laws rules.

Updated 19 May 2023