Privacy Policy

Terms of Use, Privacy & Cookies

Use of this Website is subject to the following terms and conditions. By accessing the Website on the first occasion you agree to be bound by these terms and conditions. If you do not agree to these terms, you must stop using the Website immediately.

We may amend these terms from time to time. Every time you wish to use our site, please check that you understand the current set of terms and conditions in effect at that date. These terms were most recently updated on 11 November 2019.

PRIVACY POLICY

This Privacy Policy explains ITM Power's approach to Personal Information that ITM Power collects from you or from a third party. ITM Power is committed to protecting your Personal Information and ensuring that you understand how we use it and the rights you have over your Personal Information.

This Privacy Policy is intended to provide you with important information about the use we make of your Personal Information. This includes Personal Information we collect (a) when you visit our Website or register for updates and/or (b) when you engage with ITM Group about its products and services. It also sets out the rights that you have in relation to the Personal Information that we hold, how ITM Power will comply with the General Data Protection Regulations 2017 and the Data Protection Act 2018 and other privacy-related laws and regulations in the UK and in the countries in which the ITM Group operates.

This Privacy Policy should be read together with any other privacy notice we may provide to you on occasions when we collect or process Personal Information about you and is not intended to override them.

1. Who we are and how to contact us

ITM Power plc and ITM Power (Trading) Limited are the joint data controllers responsible for how the ITM Power group processes Personal Information as set out in this Privacy Policy so when we mention "ITM Power", "we", "us", or "our" in this privacy policy, we are referring to the relevant company in the ITM Power group responsible for processing your data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. To contact us because:

  • you have any questions about this Privacy Policy
  • wish to exercise your rights set out in Privacy Policy
  • you would like to make update the details we hold about you

please use the following contact details:

Email:

This email address is being protected from spambots. You need JavaScript enabled to view it.

Post:

FAO: the Data Protection Officer
ITM Power plc
Unit G and H
Sheffield Airport Business Park
Sheffield
S9 1XU

 

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

2. What Personal Information we collect

Personal data, or Personal Information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

ITM Power primarily works with organisations (businesses and public authorities) rather than consumers. However, in working with organisations, we collect or may be provided the Personal Information of those who work for such organisations.

a. If you visit our Website, we may collect:

  • Technical Data, including your browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform.
  • Usage Data, including information about how you use our Website, products and services.

b. If you register on our Website for mailing updates or ask us to keep in touch with you when you meet us at industry events, we may collect:

  • Contact Data: including your name and job title, the organisation you work for, email address, telephone number, postal address if provided to us.
  • Marketing and Communications Data: including your preferences in receiving marketing from us.

c. If you are an employee of an organisation we work with or we may work with in the future (as a customer, a supplier, a partner, a funder or an industry stakeholder) including when you contact us about a possible sale or project, we may collect

  • Contact Data: including your name and job title, the organisation you work for, email address, telephone number, and postal address (in each case if provided to us) and details of our contact with you.
  • Marketing and Communications Data: including your preferences in receiving marketing from us and your communication preferences.

d. If you are a shareholder, we may collect:

  • Contact Data: including your name, email address, telephone number, postal address (in each case if provided to us) and details of our contact with you.
  • Marketing and Communications Data: including your preferences in receiving marketing from us and your communication preferences.

e. If you apply to register as a user of ITM Power’s hydrogen refuelling stations, we may collect:

  • Contact Data: including your name, email address, telephone number, postal address (in each case if provided to us and details of our contact with you).
  • Driver and vehicle details: including your vehicle details and occasionally, name, address and telephone number of drivers.
  • Marketing and Communications Data: including your preferences in receiving marketing from us and your communication preferences.

f. If you choose to test-drive a hydrogen vehicle whilst visiting our sites or at an industry event:

  • Contact Data: including your name, email address, telephone number, postal address (in each case if provided to us and details of our contact with you).
  • Driver information: including your age, driving licence information, information about penalty points or driving offences and health information in each case relevant to identifying whether a driver is permitted to drive and meets motor insurance requirements.
  • Marketing and Communications Data: including your preferences in receiving marketing from us and your communication preferences.

g. If you contact ITM Power about a potential career with ITM Power, we may collect:

  • Contact Data: including your name, email address, telephone number, postal address (in each case if provided to us and details of our contact with you).
  • Identity Data including age, gender, education and employment history and similar information you provide to us.
  • Other information we collect during any recruitment process.

3. How we use your Personal Information

What is our legal basis to use or process your Personal Information?

We will only use your Personal Information when the law allows us to. Most commonly, we will use your Personal Information:

  • if it is necessary for us to perform our obligations in accordance with any contract that we may have with you or your organisation.
  • if it is necessary for our legitimate interests or a third party’s legitimate interest to use Personal Information so we provide products and services in the best way that we can.
  • if it is necessary to comply with a legal or regulatory obligation.
  • Where you have consented to receive information from ITM Power (for example, by signing up on our Website). You have the right to withdraw your consent at any time by contacting us using the contact details provided in this policy or selecting the “unsubscribe option” on a marketing email from ITM Power.

We have set out in the table below a description of the ways we plan to use your Personal Information. This describes the legal grounds we rely on for each set of processing. We may process your Personal Information for more than one lawful ground depending on the specific purpose for which we are using your data.

Purpose/activity

Type of data

Lawful basis

Further information

Website visitor insight and analytics

Technical data and usage data

It is in our legitimate interests to ensure that our website works well, attracts users and improve or update how we provide information.

 

Marketing information

Contact data and marketing preferences

Consent

 

Legitimate interests: it is in our legitimate interests to use your information for marketing information and manage your preferences.

You can ask us to stop sending you marketing messages at any time by contacting us using the contact details provided in this Privacy Policy or unsubscribe links in ITM Power marketing emails.

Providing services and managing our relationship with our customers and suppliers

Contact data

Where we have a contractual relationship with you, this is necessary for us to fulfil our contractual obligations to you.

 

 

It is in our legitimate interests to provide you with the best service and or to meet contractual obligations

 

Shareholder information for business administration and legal compliance

 

Contact data and marketing and communication data

To comply with our legal obligations (for example, compliance with company law, any financial authority or securities exchanges, regulation and anti-bribery laws).

 

It is in our legitimate interests to run our business (for example, managing information security, fraud prevention, administration of contracts and supply of services, enforce or protect our legal rights, to update you about changes to our Privacy Policy or in connection with any transaction including any group structuring or other activities).

 

To register your request to receive ITM Power news and updates

Contact data and marketing preferences

Consent

You may withdraw your consent at any time by contacting us using the contact details provided in this Privacy Policy or unsubscribe links in ITM Power news and update emails.

Business administration and legal compliance

Contact data, technical data

To comply with our legal obligations (for example, taxation, compliance with financial authority or securities exchanges regulation and anti-bribery laws).

It is in our legitimate interests to run our business (for example, managing information security, fraud prevention, administration of contracts and supply of services, enforce or protect our legal rights, to update you about changes to our Privacy Policy or in connection with any transaction including any group structuring or other activities).

 

Cookie and Website visit information

 

Consent

It is in our legitimate interests to ensure our Website is working and to gather information about visits to our Website and how to improve it.

You can set your browser to refuse all or some browser cookies, or to alert you when Websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly.

Internal administration within the Group

Contact data, marketing preferences

It is in our legitimate interests to share information within the ITM Power group to enable ITM Power to improve its products and services and inform our marketing strategy.

Any sharing outside of the EEA is in accordance with this Privacy Policy and relevant legal requirements.

Provide refuelling services

Contact data, vehicle information

It is necessary for us to fulfil our contractual obligations to you

 

It is our legitimate interests to process information to:

  1. ensure access to our refuelling stations is in a safe manner
  2. provide the best service to customers
  3. enable billing to be set up and operated

 

Recruitment – candidate selection, decision making

Contact information, other information provided in the recruitment process

It is in our legitimate interests to process information for the purposes of the recruitment process for ITM Power and for carrying out due diligence checks on prospective employees.

 

Data held to enable vehicle test-drives

Contact data, driver data (as set out above)

Consent

Legitimate interest to protect ITM assets and to comply with legal obligations to ensure that only drivers permitted in law or under ITM Power’s motor insurance policy undertake a test-drive.

It is in our legitimate interests to protect the assets and property of ITM Power

 

4. Who do we share your information with

We may share your Personal Information with third parties as follows for the purposes set out in the table above:

  • Other companies in the ITM Group where it is necessary to do so or in our legitimate interests (as set out above in this Privacy Policy).
  • Third parties who provide us services, for example:
    • IT service providers, software providers who support software that holds your Personal Information, translation providers, document and information storage providers and payment/billing providers.
    • Out of hours and emergency contact call centre providers who provide communication support to ITM Power and its customers.
    • Marketing agencies and similar third parties who provide us with client insight information including analytics.
    • Postal and courier providers who deliver postal materials to you
    • Event providers (when you are attending an ITM Power event).
  • Our professional advisers such as lawyers, registrars, accountants and insurance providers.
  • Regulators, tax and financial and security exchange authorities.

We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law. Third party service providers may only use your Personal Information to provide the services to us and in strictly only in accordance with our instructions.

5. Where we transfer Personal Information

We may transfer your Personal Information outside of the European Economic Area (EEA) if (a) we need to provide access to other members of the ITM Group based outside of the EEA or (b) to enable third party service providers to provide a service to us.

Where we transfer your Personal Information to group companies, we ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data.

Where we transfer your Personal Information to third parties based outside of the EU, we will only do so either (a) to countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission (b) using standard EU approved contract clauses which safeguard Personal Information and give the same protection it has in Europe and (c) for providers based in the US, if they are part of the Privacy Shield which requires them to provide similar protection to Personal Information shared between the Europe and the US.

Please contact us using the contact details provided in this policy if you want further information on the specific mechanism used by us when transferring your Personal Information out of the EEA.

6. How we keep your data secure and confidential

We are committed to keeping your Personal Information secure and confidential. We have put in place appropriate information security processes, rules and technical safeguards to ensure this. This include measures to prevent your Personal Information from being accidentally lost, used, altered, disclosed or accessed in an unauthorised way.

All of our employees, agents, consultants and third party providers are obliged to and aware they must respect the confidentiality of any Personal Information that they have access to.

We have place procedures to deal with any suspected Personal Information breach. We will notify you and any applicable regulator of a breach where we are required to do so.

7. How long will we keep your Personal Information for

We only keep your Personal Information for as long as we need to for the relevant purpose the Personal Information is processed for. This includes the period we may need to keep it for necessary to fulfil the purposes we process the Personal Information for, including for the purposes of satisfying any legal, accounting, contractual or reporting requirements.

In identifying how long to retain Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

8. Your legal rights

You have the following rights in relation to your Personal Information that we process:

  • Request access to your Personal Information: to find out what we process and/or get a copy. We may need to charge you a fee after any initial request.
  • Request rectification of your Personal Information: to ensure we are keeping accurate Personal Information.
  • Request erasure of your Personal Information: to delete some or all of the Personal Information we hold.
  • Rights to restrict processing of your Personal Information: to restrict some or all of the processing we carry out.
  • Rights to object to processing of your Personal Information: to stop some or all of the processing we carry out.
  • Right to data portability: the right to request transfer of your Personal Information.
  • Right to withdraw consent: to withdraw consent where we are processing your Personal Information on the basis of your consent.
  • Right to complain to the regulatory authority: You can complain to the Information Commissioner’s Office about how we handle your Personal Information. We will always appreciate the opportunity to resolve any complaint you have first.

Some of these rights may be limited if we have an overriding interest or legal obligation to continue to process the Personal Information. We will tell you this if this arises should you contact us to exercise any of your rights.

If you wish to exercise any of the rights set out above, please contact our DPO using the contact details specified above.

No fee usually required 

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond 

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9. Changes to this Privacy Policy

We may make changes to this Privacy Policy from time to time. This is to ensure this accurately reflects how we hold and use your Personal Information and the systems we use. We may email you to let you know about changes in this Privacy Policy. We will contact you if we expect to carry out further processing or use your Personal Information for a different purpose.

We encourage you to check our Privacy Policy from time to time to ensure you remain informed and content with the way in which the ITM Group processes your Personal Information.

This Privacy Policy is dated 11 November 2019.

10. Glossary

“Personal Information”

means any information we hold about an individual that identifies them.

“you” and “your”

means anyone whose data will be collected under this Privacy Policy including users of this website, those who register for updates with ITM Power, the employees of our customers and suppliers who are our contacts at those organisations, employees of organisations who are our partners, customers, suppliers or potential partners, customers and suppliers.

“we”, “us”

means ITM Power plc and ITM Power (Trading) Limited on behalf of the ITM Group.

“ITM Group”

means all trading subsidiaries in the ITM Power plc group.

This is set out in the latest Annual Report found here:

http://www.itm-power.com/investors/aim-info

Copyright and Ownership

Copyright © ITM Power Plc 2019 or its licensors. All rights reserved. You are permitted to browse this Website and to download, print and/or distribute extracts of the Website for non-commercial personal use only. Any other use is strictly prohibited. No reproduction, copy or extract of this Website may be incorporated in any other document, publication, web Website or other form of media, or be used in any way for commercial gain.

The content of this Website, including all intellectual property rights in the Website, is owned by ITM Power Plc and its licensors.

Linking

You may not link to pages in this Website, other than the home page, without our express permission.

This Website may contain links to the sites of other companies or organisations. These links do not in any way represent any association or recommendation of these third parties. Neither ITM Power Plc, nor its officers or employees shall have any liability whatsoever for the information contained within such sites.

Legal jurisdiction: These terms are governed by the laws of England and Wales and any dispute in connection with these terms shall be subject to the exclusive jurisdiction of the English Courts.

Use of content by you

This Website and its contents are provided free of charge without any representations or warranties of any kind, either express or implied. ITM Power plc disclaims all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, ITM Power plc does not represent or warrant that the information and/or facilities accessible via this Website are accurate, complete or current, or that this Website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this Website assumes all costs arising as a result of the use of this Website.

We do not guarantee that the Website or any content on it will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business or operational reasons without notice and without liability to you.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is or is intended to be malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Information Only

The information contained in the Website is not, and should not be construed as, an offer to sell or invitation to buy, or the solicitation of any offer to buy shares in ITM Power Plc or any investments, securities or other products. The information provided should not be relied upon in connection with any investment decision and is not intended to provide investment or any other advice to you. The price of shares and the income derived from them can go down as well as up and investors may not get back the amount originally invested. Past performance is not necessarily a guide to future performance.

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Contact Us


ITM POWER HEAD OFFICE
22 Atlas Way
Sheffield
S4 7QQ
+44 (0)114 244 5111

Investor Relations


TAVISTOCK COMMUNICATIONS
Simon Hudson
1 Cornhill
London
EC3V 3ND
+44(0) 20 7920 3150

ITM Power is a public limited company registered in England and Wales. Company Number 0509407