The expressions “you” and “your” refer to each and every individual whose personal information we may handle from time to time. We are subject to the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (“APPs“) (together, “Privacy Laws“). This policy explains how we handle personal information relating to individuals under the Privacy Laws. Privacy Laws regulate the collection and use of “personal information”, which is information or an opinion about an identified individual or an individual who is reasonably identifiable.

1. COLLECTION OF PERSONAL INFORMATION

We collect personal information by various means including, but not limited to, when you view our website or mobile application, interact with our customer service representatives, sales agents, and when you purchase our products. This information is stored by Powow Energy using a cloud computing service provider. This information may include (but is not limited to) your name, e-mail and mailing addresses, contact numbers, payment information and date of birth. We may also collect information about how you interact with our website, including (but not limited to) your web browser and version, device type, connection type, IP address, performance metrics and usage information, in order to help us to develop and improve our website. We do not generally collect sensitive information about you, but in the unlikely event we do need to collect sensitive information, we will only do so where required or authorised by law or with your prior consent. If we do not collect the personal information listed above, it may limit our ability to provide you with adequate services and support in relation to our products. The primary purpose for which we collect your personal information is for the supply of goods and services. We may also collect your personal information for any of the following secondary purposes:

• handling complaints and providing customer support;
• contacting you in relation to services;
• connecting you with our sales agents;
• for us to review, manage and further improve the services we offer;
• to monitor, develop and improve our website;
• for marketing activities; and
• to ensure compliance with our legal and regulatory obligations.

If you provide personal information to us about someone else, you must ensure that you are entitled to disclose that information to us. For example, you should take reasonable steps to ensure the individual concerned is aware of the various matters detailed in this Privacy Policy and has consented to the collection, use and disclosure of their personal information as described in this Privacy Policy.

2. USING PERSONAL INFORMATION

We use your personal information for the purpose for which it has been provided, any other purpose you have consented to and may also use it for any other purpose permitted under the Privacy Laws.

3. DISCLOSURE OF INFORMATION

We may disclose your personal information for the purposes for which we may use your information as described above. This may include disclosing information to:

• our related entities;
• third party sales agents;
• third party organisations such as our affiliates, business partners, advertising partners, mailing and printing houses, IT providers, analytics providers, professional advisors and other service providers;
• when required or authorised by law, including when requested by government entities, regulators or law enforcement agencies;
• anyone who is considering acquiring an interest in our assets or businesses (or any part of them) as part of a due diligence or sale process; and/or
• persons or organisation located outside of Australia, including manufacturers of equipment which we sell.

We will only disclose your personal information for other purposes if you consent, where we are required or authorised by law to do so, where the disclosure is authorised under the Privacy Laws, or where we believe you would reasonably expect us to disclose your personal information for a purpose which is related to the primary purpose of collection including to respond to subpoenas, judicial processes or legitimate requests by law enforcement officials or government agencies or departments.

4. TRANSFER OF INFORMATION OVERSEAS

In order to provide you with the best products and services possible, we may transfer personal information we have collected about you to a person or organisation in a foreign country including (but not limited to):

• to service providers who store data or operate outside Australia; and/or
• otherwise as required or authorised by law.

In the event we need to transfer information overseas, we will take reasonable steps to ensure that the overseas recipient does not breach the Privacy Laws in its handling of the personal information. However, it is not practicable for us to specify in advance every location where your personal information may be sent. It is possible that information will be transferred to a jurisdiction where you will not be able to seek redress under the Privacy Act and that does not have an equivalent level of data protection as Australia. We will not be accountable for how these overseas recipients handle your personal information. By providing your personal information to us, you consent to us transferring your personal information to these parties and agree we will not be liable for the acts or practices of those overseas parties in how they handle your personal information. If you have any concerns regarding the transfer of your personal information overseas please contact us using the details provided below.

5. ACCURACY AND SECURITY OF PERSONAL INFORMATION

We take reasonable steps to secure any personal information which we hold about you and to keep this information accurate and up-to-date. Personal information is stored electronically or in hard copy and information security measures are in place to protect this information from misuse, interference and loss. Our website does not provide facilities for the secure transmission of information across the internet. Users should be aware that there are inherent risks transmitting information across the internet. We will take such steps that are reasonable in the circumstances (if any) to destroy or de-identify personal information when it is no longer required for the purpose(s) it was provided.

6. ACCESS TO OR CORRECTION OF PERSONAL INFORMATION

We will take such steps as are reasonable to ensure that the personal information which we collect remains accurate, up to date and complete. We will provide you with access to your personal infor1mation held by us except in some cases where we are permitted under the Privacy Act to refuse to provide you with such access, such as where the request relates to an existing or anticipated legal proceeding or if your request is vexatious. Please contact us via the details below if you:

1. wish to have access to the personal information which we hold about you;
2. consider that the personal information which we hold about you is not accurate, complete or up to date; or
3. require further information on our personal information handling practices.

Contact Details: Please address your query or complaint to:

• Customer Service Manager
• Powow Energy
• Via email: info@powow.com.au ; or
• Via letter: Level 1, 530 Botany Road, Alexandria NSW 2015

There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in actually providing you with access. If you consider that the information which we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Privacy Act, to correct that information if you so request. We may need to verify the accuracy of new information you provide us before making corrections to your personal information held by us. We will respond to all requests for access and/or correction within a reasonable time.

7. WHAT DO YOU DO IF YOU HAVE A COMPLAINT OR A QUESTION?

If you would like further information about how we manage your personal information, have any queries or feedback relating to this Policy, or wish to lodge a complaint, please contact our Customer Service Manager through details listed above. Our Customer Service Manager is responsible for coordinating the investigation of any complaints and resolving privacy-related issues. The Customer Service Manager will manage any complaints received in a timely manner and provide you with a response to your complaint. If you are not satisfied with our response, you may take your complaint to the Office of the Australian Information Commissioner, contactable by telephone on 1300 363 992, via the OAIC website at www.oaic.gov.au, or by email at enquiries@oaic.gov.au.

8. CHANGES TO THIS PRIVACY POLICY

From time to time it may be necessary for us to review and revise this privacy policy. We reserve the right to amend this privacy policy at any time and to notify you by posting an updated version of the privacy policy on our website and/or by contacting you via email.

Powow Energy – Terms and Conditions

This document covers our terms and conditions in relation to use of our website and our mobile application. Our website (powow.com.au) (Website) and mobile application (App) are owned and operated by GTL Renewable Pty Ltd (ACN 605 007 350) (Powow Energy) (“we”, “us” and “our”). By accessing and/or using this Website, App and our related services, you agree to be bound by these Terms and Conditions, which include our Privacy Policy and Product Terms and Conditions (Terms). You should review our Privacy Policy, Product Terms and Conditions and these terms and conditions carefully. If you do not agree to these Terms, you must immediately cease using our Website and/or App (as applicable).

1. Use of Website

These Terms govern your access to and use of the Website and App, including any information, content or material that is located on, forms part of or is available through or in connection with the Website or App. If you wish to use certain products or services identified on our Website or App, you may be required to agree to additional terms and conditions which will govern the use of those particular products or services. You must not do any act that is unlawful or is prohibited by any laws applicable to our Website or App or any of the following (which may comprise unlawful acts):

• any act that would constitute a breach of an individual privacy rights or any other of the legal rights of individuals;
• infringing the intellectual property rights of any third party;
• posting or submitting any inaccurate, false, misleading or incomplete information;
• transmitting, providing or posting to the Website or App any content or material that is, in our option, likely to cause offence or which is (or may be construed as) unlawful, illegal, threatening, harmful, abusive, harassing, tortious, defamatory, offensive, objectionable, racist or pornographic;
• uploading files that contain viruses or any other software or programmes, or otherwise do or attempt to do anything, designed to interfere with, disrupt or circumvent the security or operation of the Website or App or any service provided by the Website, or that may cause damage to our property, the property of individuals or which is in violation of our systems or a third party’s systems or network security; using the Website to provide any content or service in any commercial manner, or in any manner that would involve the sending of junk mail, spam or any other form of unauthorised advertising or commerce without our prior written consent; or
• violating any applicable laws.

If we allow you to post any information to our Website or App, we have the right to take down this information at our sole discretion and without notice, including if we consider removal of the post necessary for compliance with relevant law or where we consider your use of the Website to be inappropriate.

2. Privacy

Please see our Privacy Policy for more detail about how we handle any personal information or credit information that you provide to us. By using this the Website or App, or accepting these Terms you agree that we may handle your personal information in accordance with our Privacy Policy.

3. Accuracy, completeness and timeliness of information

The information provided on both our Website and App is not comprehensive and may be for general information purposes only. The information available on our Website and App is intended to provide a summary of the subject matter covered and may not be entirely accurate. All information, data and other material contained on our Website and App is provided solely on the basis that you accept the risk of using any information or services contained on them and will be responsible for making your own assessment of any matters contained therein. To ascertain whether a product is suitable for your individual needs, you should make your own inquiries and consult an adviser to help you form an opinion. All figures and amounts displayed on our Website and App are in Australian dollars. While we use all reasonable attempts to ensure the currency, accuracy and completeness of the information on our Website and App, to the extent permitted by law, including the Australian Consumer Law and subject to the liability section below, we make no warranty regarding the information on our Website and App, and we shall not be held liable in any respect for the accuracy or suitability or reliance by you on the information or data contained on our Website or App. We may, from time to time and without notice, change or add to the Website or App (including these Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. To the extent permitted by law, and subject to the liability section below, we are not liable to you or to anyone else if interference with or damage to your technology systems occurs in connection with the use of our Website, App or any links contained therein. You must take your own precautions to ensure that content used from our Website and App are free of viruses, worms, Trojan horses, harmful or disruptive code or other malware that may interfere with or damage the operations of your technology systems.

4. Marketing communications

We may send you commercial electronic messages if you agree to let us do so. We may send you these messages via various channels and media (including by email and SMS), where you have not opted out of receiving such electronic messages in that channel. You can opt out of commercial electronic messages (e.g.) emails and SMS), by

• using the unsubscribe facility in any commercial electronic message; or
• for in-app notifications and advertising on certain websites and social media, by adjusting your device setting or online privacy settings.

5. Linked Sites

Our Website and App may contain links to websites operated by third parties. These websites have not been prepared by us and are not controlled by us. Such links are provided for your convenience only and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse, agree with or approve, and are not responsible for, the content of those linked websites.

6. Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all right, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in and to our Website and App and all of the material (including all text, graphics, logos, audio and software) made available on our Website and App (Content}). Your use of our Website and App, and use of and access to any Content, does not grant or transfer any rights, title or interest to you in relation to our Website, App or Content. However, we do grant you a limited, revocable licence for the term to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors. You may also retain or reproduce this information in hard copy solely for your personal and non-commercial use. Except as expressly authorised by these Terms, any reproduction or redistribution of our Website, App or the Content contained therein is prohibited. In addition, the copying of the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law. 

7. Cookies and Other Trackers

We may use cookies and other tracker technologies to improve your user experience and allow us to optimise the Website and App (in terms of content and functionality). A cookie is a small data file that the Website or App (as applicable) sends to your browser, which may then be stored on your system for later retrieval by the platform.

8. Termination

We reserve the right to restrict, suspend or terminate without notice your access to our Website, App and any Content or features contained therein (including your registered user profile) at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. Your termination of these Terms does not release you from or affect your obligations accrued under these Terms. These Terms will survive any termination, however you may no longer be authorised to access the Website and App if you breach any of these Terms, in which case your permission to use the Website and App or any information contained on the Website and App shall automatically terminate.

9. Warranties and Disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, and subject to the Liability section below, Powow Energy provides the information, products and services on an “as is” and “as available” basis and makes no warranties or representations of any kind, whether implied or express, about our Website, App, the Content or any products or services, including but not limited to warranties or representations that the information will be complete, accurate or up-to-date. Powow Energy does not warrant that your use of our Website or App will be uninterrupted or free from errors, viruses bugs or other harmful components, that our Website and App will be secure, will meet your requirements, or that any defects in either will be remedied. Powow Energy disclaims liability for, and no warranty is made with respect to, the connectivity and availability of our Website or App.

10. Liability

To the maximum extent permitted by law, in no event shall we be liable for any direct, indirect, incidental, consequential or special loss, damage, cost or expense, any loss of profit, loss of revenue or loss of business opportunity, or any damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Powow Energy knows or has been advised of the possibility of such damages, arising out of or relating to these Terms (including any loss which may be suffered due to your use of our Website, App or the information or materials contained on them, or as a result of the inaccessibility of our Website, App or the fact that certain information or materials on them is incorrect, incomplete or is not current) whether arising under contract, tort (including negligence), statute or any other legal or equitable theory. Nothing in these Terms is intended to exclude, restrict or modify a consumer’s rights under the Australian Consumer Law, or any other statutory rights that may not be excluded, restricted or modified.

11. Jurisdiction and Governing Law

Your use of the Website, App and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

12. Severability

If any of these terms or conditions are held to be invalid, illegal, unlawful or otherwise incapable of being enforced, all other terms and conditions shall nevertheless remain in full force and effect.

13. No Assignment

Your rights and obligations under these Terms are personal to you and you must not assign, transfer or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign or transfer or otherwise dispose of our rights and/or obligations under these Terms by providing notice to you.

14. Amendments

We may amend these Terms from time to time, in our sole discretion by posting an updated version of the Terms on the Website and App. By continuing to use the Website or App after any such amendment, you are deemed to have agreed to the amended Terms.