1 – Purpose
This Privacy Policy governs the manner in which GEM Energy Australia Pty Ltd (“GEM Energy”,
“RACQ Solar”, or the “Company”), collects, uses, maintains and discloses personal
information collected from consumers (each, a “User”) of products and services provided by
GEM Energy, and also governs the disclosure of personal data to third-parties that we deem
necessary in order to provide our products and services. These third-parties may operate in
Australia or overseas. This policy applies to all employees, contractors, and third parties who
handle personal information on behalf of GEM Energy. It covers all forms of data, including
electronic, paper-based, and other formats.
2 – Privacy and Data Protection Policy
Personal Identification Information
We will only collect information from Users that is reasonably necessary to undertake our
business activities and functions. Users may be asked for, as appropriate, name, email
address, mailing address, RACQ member number, phone number, electricity bill, and
information about their dwelling, for example roof type, number of storeys, and a photo of the
meterbox. We may collect personal identification information from Users in a variety of ways,
including, but not limited to, when Users complete an online enquiry form through racq.com.au
or gemenergy.com.au, subscribe to our newsletter, and in connection with other activities,
services, features or resources that we make available.
Users may also visit our Site anonymously. However, it may be impractical or impossible to
provide certain products or services to you or administer a service you have already purchased
without collecting personal identification information. If this arises, we will advise you why it is
necessary to collect your personal information to proceed with your request.
International Data Transfers:
GEM Energy ensures that any personal information transferred outside of Australia is in
accordance with Australian laws and is protected under privacy standards comparable thereto.
This involves the implementation of data protection standards, IT governance and security, and
conducting regular audits of data handling practices to ensure compliance. This commitment
includes adhering to relevant international data protection regulations and standards. By
aligning our practices with these regulations, we ensure our data protection measures meet
high global standards, protecting User personal information regardless of where it is processed.
How We Use Collected Information
GEM Energy may collect and use Users personal information for the following purposes:
- To communicate with the User, including by phone or email.
- To undertake activities and functions related to our business, such as providing our
products and services and information and updates related to them. - To respond to their inquiries, questions, and/or other requests
- To send emails that may include but are not limited to company news, updates, related
product or service information, or other information to customers who have opted into to
our mailing list. For users that would like to unsubscribe from receiving emails (other than
emails pertinent to their product, for example installation information), we include
unsubscribe instructions at the bottom of each email and the User may also contact us via
our Site. - To improve customer service.
- To Enable us to respond to customer service requests and support needs more efficiently.
- To personalise the User experience.
- As an aggregation to understand how our Users as a group use the services and resources
provided on our Site. - To improve our Site.
- To improve our products and services.
- To run a promotion, contest, survey or other Site feature.
- To send Users information they agreed to receive about topics we think will be of interest to
them.
Data Retention and Disposal
GEM Energy is committed to responsibly managing the personal data we collect and store. The
GEM Energy Data Retention Policy ensures that personal information is retained only for as long
as necessary to fulfill the purposes for which it was collected or as required by law. Data must
be retained for the duration of warranty periods to facilitate User warranty claims.
We adopt appropriate data collection, storage, and processing practices and security
measures to protect against unauthorised access, alteration, disclosure, or destruction of
personal and transaction information. This includes implementing physical, electronic, and
managerial procedures to safeguard and secure the information we collect.
Upon the expiration of the retention period, we will securely dispose of personal information to
prevent unauthorised access, use, or disclosure. This process includes the deletion of
electronic records and the secure destruction of physical documents. Our practices are aligned
with the Australian Privacy Principles (APP 11), which mandate that organisations take
reasonable steps to protect personal information from misuse, interference, and loss, as well
as unauthorised access, modification, or disclosure. Regular reviews of our data retention and
disposal processes ensure ongoing compliance with legal requirements and industry best
practice.
Sharing Your Personal Information
We do not sell, trade, or rent Users personal identification information. Where we deem
necessary, we may use a third party to allow Users to engage with us. We may also share a
User’s personal information with third parties for the purposes of delivering or improving the
services we and our third-party affiliates, associates, partners, contractors and agents provide
to the User from time to time. This could include sharing Users name, email address, location
and solar system details with solar hardware manufacturers, for example for the purpose of
setting up online system monitoring functionality. We may also need to share Users personal
data with energy utilities, for example Energex or Power and Water, for the purpose of
submitting a Grid Connection application.
We may share generic aggregated demographic information not linked to any personal
identification information regarding visitors and users with our business partners, trusted
affiliates and advertisers for the purposes outlined above.
Data Breach Notifications:
In the event of a data breach likely to result in serious harm, GEM Energy will notify the Office of
the Australian Information Commissioner (OAIC) and the affected individuals as soon as
possible. The notification will include details about the nature of the breach, the type of
personal information involved, and the steps we have taken to mitigate any potential harm.
Notifications will be made within 30 days of becoming aware of the breach. Additionally, GEM
Energy will maintain an internal register of data breaches and provide a public record on our
website for transparency, complying with the Notifiable Data Breaches (NDB) scheme under
the Privacy Act 1988 (Cth).
Complaints
Concerns or complaints regarding the handling of personal information should be directed to
GEM Energy via email at info@gemenergy.com.au. GEM Energy is committed to addressing all
concerns promptly and effectively.
If the response provided by GEM Energy is not satisfactory, the complaint may be escalated to
the Office of the Australian Information Commissioner (OAIC) for further resolution. This
process ensures that privacy rights are upheld and any issues are resolved in accordance with
Australian privacy laws.
Accessing personal information
If requested by a User, GEM Energy will provide a summary of any personal information held
about that User. Under some circumstances, we may refuse access to personal information
where denying access is required or authorised by law. A personal information summary can be
requested by emailing info@gemenergy.com.au.
Web browser cookies
Our Site may use “cookies” to enhance User experience. The User’s web browser places
cookies on their hard drive for record-keeping purposes and sometimes to track information
about them. Users may choose to set their web browser to refuse cookies, or to alert you when
cookies are being sent. If you do so, note that some parts of the Site may not function properly.
Non-Personal Identification Information
GEM Energy may collect non-personal identification information about Users whenever they
interact with our website. Non-personal identification information may include the browser
name, the type of computer and technical information about the User’s means of connection to
our Site, such as the operating system and the Internet service provider utilised.
Consent
For the provision of products, services, or benefits requested or previously purchased, consent
is typically implied when individuals provide their personal information to GEM Energy (e.g.,
through enquiries, quotes, or purchases).
Personal information collected during enquiries may be used to send marketing
communications about GEM Energy’s products or services. These communications comply
with the Spam Act 2003 and include a clear option to unsubscribe at any time.
Changes To This Privacy Policy
This privacy policy was last updated in December 2024. GEM Energy regularly reviews its
privacy statement and procedures to keep up to date with relevant legislative and operating
requirements. As a result, we may change this privacy statement from time-to-time and the
updated version will be published on our website.
Contact Information
Enquiries or questions about this Privacy Policy can be directed to GEM Energy at:
info@gemenergy.com.au
Head Office
GEM Energy Australia (trading as RACQ Solar)
Unit 3A, 17 Sugarmill Road, Pinkenba, 4008
info@gemenergy.com.au
This document was last updated December 2024.