1. Introduction

1.1 EnergySmart Limited ("EnergySmart", "we", "us", "our") is committed to protecting the privacy of individuals who use Hone, our H1 compliance calculator ("Hone" or the "Software"). This Privacy Policy explains how we collect, use, store, disclose and protect personal information in connection with Hone, and should be read alongside our Terms and Conditions of Use.

1.2 This Privacy Policy applies to information collected through Hone, including from Users who enter their own project information, and from designers and architects who provide plans and instructions for the EnergySmart Take-Off Service.

1.3 We handle personal information in accordance with the Privacy Act 2020 (NZ). By using Hone, you acknowledge that your personal information will be collected, used and disclosed as described in this Privacy Policy.

2. Information We Collect

2.1 We may collect the following types of information from or about Users ("User Information"):

(a) contact and identification details, such as your name, email address, phone number, employer, and role (for example, architect or building designer);

(b) login and account information;

(c) project information, including building plans, specifications, and take-off instructions submitted for the purpose of using Hone or requesting the EnergySmart Take-Off Service;

(d) data entered into Hone regarding walls, roofs, floors, windows, doors and other elements of the thermal envelope, and any resulting calculations or reports; and

(e) technical information relating to your use of Hone, such as login activity.

2.2 We collect this information directly from you when you register for, or use, Hone, or when you or your organisation submits plans and instructions for the Take-Off Service.

3. How We Use Your Information

3.1 We use User Information for the following purposes:

(a) to provide, operate, maintain and improve Hone, including performing calculations and, where requested, the EnergySmart Take-Off Service;

(b) to prepare specifications, quotes and reports referencing Eco Insulation and Terra Lana products ("Approved Products");

(c) to communicate with you about your account, your projects, and about EnergySmart and Terra Lana products and services;

(d) to manage and administer access to Hone, including verifying eligibility under our Terms and Conditions of Use;

(e) to develop artificial intelligence, machine learning, and automation functionality within Hone, as described further in clause 4.4 below; and

(f) to comply with our legal obligations, and to protect the rights, property and safety of EnergySmart, our Users, and others.

4. Disclosure of Your Information

4.1 Internal use. User Information is shared only between EnergySmart Limited and Terra Lana Products Limited for the internal purposes described in clause 3 above.

4.2 No sale for third-party marketing. We do not sell, rent, or otherwise provide your contact details to third parties for the purpose of enabling those third parties to market their own products or services to you.

4.3 Anonymised and aggregated information. We may compile, use and disclose information derived from User Information in an anonymised and aggregated form — for example, for market or industry trend reporting. Information disclosed in this form does not identify any individual User or project.

4.4 Development of AI and automation functionality. We may use, and may share, User Information with third party technology or service providers for the purpose of developing, training, testing, or enabling artificial intelligence, machine learning, or automation functionality within Hone. The purpose of this is to progressively make the EnergySmart Take-Off Service available to all Users on an automated basis, rather than being limited by our human resourcing. Any third party engaged for this purpose will be subject to obligations regarding the use and protection of that information, and will not be permitted to use User Information to market to Users

4.5 Service providers. We may disclose User Information to third party service providers who assist us in operating Hone (for example, IT hosting or software providers), on a confidential basis and only to the extent reasonably necessary for them to provide their services to us.

4.6 Legal disclosures. We may disclose User Information where required or permitted by law, including to comply with a legal obligation, court order, or regulatory request.

4.7 Other than as set out in this clause 4, we do not sell User Information to third parties.

5. Data Security

5.1 EnergySmart takes the security of Hone and User Information seriously. Hone has been designed and built with data security best practice in mind, including technical and organisational measures intended to protect User Information from unauthorised access, use, alteration or disclosure.

5.2 As at the date of this Privacy Policy, our security measures have not been independently verified or certified by a third party. However, we are confident that Hone reflects current industry best practice for a software application of this nature, and we continue to review and improve our security practices over time.

5.3 No method of electronic storage or transmission is completely secure. While we take reasonable steps to protect User Information, we cannot guarantee its absolute security.

6. Data Storage and Retention

6.1 User Information may be stored on servers located in New Zealand or overseas, including with cloud service providers engaged by EnergySmart.

6.2 We retain User Information for as long as reasonably necessary to fulfil the purposes described in this Privacy Policy, including to maintain project records, comply with our legal obligations, and resolve disputes. We may retain anonymised or aggregated information indefinitely.

7. Access and Correction

7.1 Under the Privacy Act 2020, you have the right to request access to, and correction of, the personal information we hold about you.

7.2 To make a request, or if you have any concerns about how we have handled your personal information, please contact us using the details in clause 9 below. We will respond to your request within a reasonable time, in accordance with the Privacy Act 2020.

7.3 If you are not satisfied with our response, you have the right to make a complaint to the Office of the Privacy Commissioner (www.privacy.org.nz).

8. Changes to This Privacy Policy

We may update this Privacy Policy from time to time by posting the updated version on Hone. Material changes will, where practicable, be notified to registered Users. Continued use of Hone following any update constitutes acceptance of the updated Privacy Policy.

9. Contact Us

For questions about this Privacy Policy, or to make an access, correction, or complaint request, please contact:

EnergySmart Limited

55 Francella Street, Christchurch

newbuild@energysmart.co.nz

0800 777 111