Terms and conditions
PowerMyEV is a copyrighted work belonging to Power My Hub Ltd. In the remainder of this policy, references to ‘we’, ‘us’ or ‘our’ refer to Power My Hub Ltd.
Please read the policy in full to make sure you understand how your personal information will be treated. It may change periodically, so please check back from time to time.
If you have any questions about how we use your personal data, please do contact us at:
The bases upon which we process your data
We process your data at different times based upon one of two legal principles. There is more information about the lawful bases organisations may use for processing data on the Information Commissioner’s Office website.
1. Legitimate interest
This occurs when the processing is necessary for our legitimate interests or the legitimate interests of a third party, and providing your own individual rights and freedoms do not override those interests. Examples of our legitimate interests include:
Communicating with you about clean tech products
Communicating with you about clean tech and financial products in order to help you select a supplier;
Making sure that our marketing to you is tailored to your interests;
Maintaining accurate user records (and where you have been introduced to us by a partner, helping that partner do the same);
Understanding our impact and improving our services; and
What this means in practice is that we process your data based on legitimate interests when:
It is necessary for us to process your data in order to deliver our services to you. For example, this includes providing you with information you may need in order to feel confident when selecting a clean energy technology (clean tech); and,
You would reasonably expect us to process your data in this way. Examples of this include emailing you with additional information about switching to clean tech (this might include electric vehicles, renewable products and/or new electricity tariffs) after you have entered your details on our site; or,
Your interests and our interests are aligned. For example, if you have entered your details on our site in order to get a clean tech assessment, we judge that us communicating with you in order to help you complete your switch to new tech is in both of our interests.
You have the right to object to this processing. If you wish to do so please email us at email@example.com. Please bear in mind that if you object this may affect our ability to carry out tasks above for your benefit.
Consent and legitimate interests
Under the Privacy and Electronics Communications Regulations (PECR), you must have given consent for us to communicate with you by telephone or email even where we use legitimate interests as our lawful basis for processing your data. This is distinct from when we use consent as the lawful basis for processing your data (see below). When you provide us with your contact details during the process of generating a clean tech assessment, you agree to us getting in touch using those details in order to help you selecting a clean tech.
There may be some cases in which we judge that we need your consent as the legal basis for processing your data. In such cases, we will ensure that we ask for your consent in a way that is:
prominent and separate to our terms and conditions;
clear about why we want the data and what we’re going to do with it; and
clear about who will be relying on your consent in order to process your data.
Where we use consent as the lawful basis for processing your data, you may withdraw your consent at any time here. If you have any questions or comments about how we process your data, please email firstname.lastname@example.org.
What we collect
We obtain information about you in a range of ways:
Information you give us. -We collect your name, email address, postcode and location (if provided) and other information you directly give us on our site. In addition, we may also collect personal information from you when you correspond with us (for example, when you send us e-mail communications or letters, or by telephone).
Information automatically collected - We automatically log information about you and your computer. For example, when visiting our site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our site.
We may also use pixel tags (which are also known as web beacons and clear GIFs) on our site to track the actions of users on our site. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the site at an aggregate level, so that we can manage our content and promote the site more effectively. The information we collect using pixel tags is not linked to our users’ personal data.
We may collect information about your computer or mobile device, including where available your IP address, operating system, log in times and browser type. We use this information to better understand how visitors use our site and for internal reporting purposes. We may anonymise and share this information with advertisers, sponsors and/or other businesses.
How we use your data
We may use your personal data for the purposes shown below. The lawful basis for processing your data is indicated in italics in each case – for more on what is meant by these terms, see the section above on ‘the basis upon which we process your data’. Where we rely on consent as the lawful basis for processing your data and have not yet secured this consent from you, we will not process your data in that way.
We may use your data to:
operate, maintain, and improve our sites, products and services. This may include:
sharing your data with clean tech & finance suppliers for the purposes of generating a clean tech assessment – legitimate interests;
receiving data from clean tech & finance suppliers about your assessment if you choose to; and
process and deliver competition entries and rewards – legitimate interests;
respond to comments and questions and provide customer service – legitimate interests;
help improve our service to others through data analytics – legitimate interests;
send information including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages – legitimate interests;
communicate with you about promotions, upcoming events, and other news about products and services offered by us and our selected partners where these have a clear connection to low carbon purchasing choices – consent;
to link or combine user information with other personal data, including to identify other people who may also be interested in our products and services – legitimate interests;
to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity – legitimate interests; and
to provide and deliver additional products and services at your request – consent.
Limiting access to your personal data
Our overarching principle is that we will restrict access to your data to the minimum number of people and organisations required to provide our service and comply with the law. To be clear, we will never share personal information about you with other people or organisations except where we have to do so to provide our services or to comply with the law. Specifically, we may share your data:
With those who need it to do work for us in order to provide our services to you or market our services to other users, or whose services we use in managing and maintaining our data records.
During the sale or transfer of all or substantially all of our business or assets. This includes through a merger, financing, acquisition, or bankruptcy transaction or proceeding. In these events we will take steps to ensure that the purchasing or contracting organisation(s) carry the same obligations and responsibilities in terms of holding and processing of personal data as are set out in this policy.
For legal, protection, and safety purposes:
to comply with laws or any regulatory obligation;
to respond to lawful requests and legal processes;
in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
Sending personal data outside the European Economic Area
We sometimes work with suppliers who store data outside of the European Economic Area (EEA). Where we do so, we ensure that they are accredited under schemes that offer additional protections, such as the US Privacy Shield. For more information on this, please see the UK Information Commissioner’s Officer guidance, here: https://ico.org.uk/media/for-organisations/documents/2014413/data-transfers-to-the-us-and-privacy-shield.pdf.
Should we identify a need to share your data outside of the circumstances outlined above, we will secure your consent to this in advance of sharing your data in this way.
Protecting your information
We want you to feel confident about using the PowerMyEV site, and we are committed to protecting the personal information we collect. We limit access to personal information about you to employees who reasonably need access to it in order to do their jobs. We have appropriate technical and organisational physical, electronic, and procedural safeguards to protect the personal information that you provide to us against unauthorised or unlawful processing and against accidental loss, damage or destruction.
We will retain your personal data for the period necessary to fulfil the purposes outlined in this Policy unless a longer retention period is required or permitted by law.
How to edit, delete or access your personal data
You have the right to ask for a copy of any personal information that we hold about you in our records, to correct any inaccuracies and to update any out of date information. You can also ask us not to send you direct marketing communications. If you wish to exercise any of these rights, or wish to object to our use of your personal information, please email: email@example.com or write to the address listed below.
Changes to this policy
From time to time we may change this Policy. If we make any changes, we will change the Last Updated date above. If you do not agree to these changes, please do not continue to use our site. If material changes are made to this Policy, we will notify you by email or by placing a prominent notice on the site.
Your rights under the Data Protection Act
The collection and use of personal information on this site is in accordance with the Data Protection Act. Please visit the Information Commissioner’s Office for further information about this Act at: ico.org.uk.
These Terms set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
1.1 Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access to the Site
2.1 Licence. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the Site solely for your own personal, non-commercial use.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.
3. User Content
3.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted from the Site at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.2 Licence. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicences of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
4. Indemnification. You agree to indemnify Company (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-Party Links & Ads; Other Users
5.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
5.2 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
5.3 Release. Subject to applicable law, you hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).
The Site is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
7. Limitation on Liability
To the maximum extent permitted by law, and subject to the final paragraph in this Section 7, in no event shall Company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if Company has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, and subject to the final paragraph in this Section 7, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty pounds sterling (GBP 50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms.
The exclusions in this Section 7 shall apply to the maximum extent permitted by law, but Company does not exclude liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.
8. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 to 2.5, and Sections 3 to 9.
9.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2 Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
9.3 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site.
9.4 Waiver. A waiver by Company of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Company and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
9.5 Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
9.6 Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
9.7 Relationship between you and us. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.
9.8 Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
9.9 Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
9.10 Copyright/Trademark Information. Copyright © 2020 Power my Hub Limited. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.