Terms and conditions

General

  1. The use of the "Ofgem RHI Register" (the "website") is subject to the following terms and conditions (the "Terms and Conditions"). The website is managed by Ofgem, the Office of Gas and Electricity Markets on behalf of the Gas and Electricity Markets Authority, both of which are collectively referred to herein as 'we'.
  2. Please read these Terms and Conditions carefully before using this website. Your use of the website indicates your agreement to be bound by these Terms and Conditions.
  3. Please note that these Terms and Conditions are additional to the terms and conditions which can be seen by clicking on 'Terms and Conditions' at the bottom of the screen on the main Ofgem website under the heading "Privacy and Cookies" ("the general terms and conditions"). By accepting the Terms and Conditions you are also accepting the general terms and conditions. Please read the general terms and conditions before accepting these Terms and Conditions.
  4. The Privacy Policy in Schedule One sets out the terms which govern the collection, retention and processing of personal information provided to Ofgem or otherwise held on this website. It will apply if you register as a user of this website and will continue to apply even should you cease to be a user of the website. Where there are any differences between this privacy policy and the privacy policy which can be seen by clicking on 'Privacy Policy' at the bottom of the screen on the website this privacy policy takes precedence.
  5. If you register as a user of the website as an employee of an organisation you are registering on behalf of that company. You must only access the website in this capacity. It is your responsibility to ensure you have appropriate authority to act on behalf of that organisation, and do not exceed that authority.
  6. A representative owner is an owner who has authority to act on behalf of two or more owners of a single installation. If you register as a user of the website as a representative owner, including where you register as an employee of an organisation which acts as a representative owner, you are registering on behalf of all owners whom you represent. You must only access the website in this capacity. It is your responsibility to ensure you have appropriate authority to act on behalf of all owners of the installation, and do not exceed that authority.

Your responsibilities

  1. Your username, email address and password are personal to you and you must not disclose them to or permit them to be used by anyone else. It is your responsibility to keep secure any information that might identify you and allow access to your account. If you lose or accidentally reveal your username or password detail you must contact us immediately. You must also change your password using the "Change Password" function on the website. You must notify us immediately if you become aware of any loss or theft or any unauthorised use of a username or password.
  2. You must take all reasonable steps to ensure that any information entered into the website is accurate at the time of entry and to only enter information which is to the best of your knowledge accurate at the time of entry. Knowingly or recklessly providing information which is materially false could result in a criminal prosecution.
  3. Where information entered by you, or another user of this website registered on behalf of the same organisation as yourself, and held on the website database is no longer accurate you must ensure that the information on the website database is updated with accurate information as soon as possible.
  4. You must make sure we always have your correct contact details to reduce security risks as far as possible.
  5. If you are registered to use the website you must agree to use it at least once in any three months period.
  6. You must comply with the operational procedures, as amended from time to time, set out in guidance documents available on www.ofgem.gov.uk under Renewable Heat Incentive.
  7. You must not commit any act or engage in conduct which is likely to bring the website into disrepute.
  8. You must notify Ofgem if you become bankrupt or if your organisation becomes insolvent or goes into administration.
  9. You must notify Ofgem if you or your organisation's directors, partners or officers are subject to any financial investigation or any investigation which may lead to a conviction or a legal or regulatory sanction for an offence or other act involving fraud, dishonesty or professional misconduct.

Our responsibilities

  1. We will endeavour to ensure that the website is available during working hours (09:00 to 17:00 Monday to Friday). However, there may be occasions when it is temporarily unavailable from time to time for maintenance or other reason.
  2. We will endeavour to ensure that the information available on the website is accurate. However, we do not guarantee that the information on the website is at all times accurate.
  3. We reserve the right to change, suspend or discontinue any aspect of the website; and impose limits on the website at any time. Any variations to these Terms and Conditions will be carried out in accordance with paragraph 24 of these terms.
  4. The failure of Ofgem to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision or any other instance.

Termination

  1. If for any reason we believe that you have not complied with any of the responsibilities set out above in all or in part, we may at our discretion cancel your access to the website, immediately and without giving you notice.
  2. We reserve the right, without notice and at our discretion, to terminate the agreement and cancel your access to this website or portions of it for any reason.

Force Majeure

  1. We will endeavour to provide you with constant uninterrupted access to the website, however we do not guarantee it. We accept no responsibility or liability and cannot be deemed to be in default for any interruption or delay, resulting directly or indirectly from any cause or circumstance beyond our reasonable control.

Governing Law and Jurisdiction

  1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Northern Ireland . Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.

Severability

  1. If any provision of this agreement is held to be invalid by a court of competent jurisdiction or is deemed to be unlawful, void or for any reason unenforceable, then that provision shall be severed from these terms and the remaining provisions shall remain in full force and effect.

Variations

  1. These Terms and Conditions may be varied from time to time. Details of variations will be posted in Schedule One below. Please ensure that you review these Terms and Conditions regularly as you will be deemed to have accepted a variation if you continue to use the website after it has been posted.

Schedule One Privacy Policy

GDPR - May 2018 and updated July 2019

This privacy notice tells you what to expect when we collect and process your personal information under the Non-Domestic Renewable Heat Incentive scheme in Northern Ireland (NI RHI). It applies to information we process concerning:

  • Scheme applicants and participants, registered users of the NI RHI Register, and installations of renewable heating systems.
  • People who contact Ofgem with a query or information request (e.g. a right of access or freedom of information request) regarding the NI RHI scheme.
  • People who sign up to receive our newsletters.

This privacy notice only covers the processing of information relating to Ofgem's administration of the NI RHI scheme.

To find out how we use data we collect outside of the NI RHI scheme, and for more information on how Ofgem processes personal data, refer to the Ofgem Wide Privacy Policy.

  1. Controller

    1. The controller for the processing of any personal information as outlined in this privacy notice is the Gas and Electricity Markets Authority, (GEMA). For ease of reference, this privacy notice refers to the administrative office of GEMA, "Ofgem" throughout.

  2. What personal information do we collect?

    1. We collect information about you, including:
      • Any information you provide us in the application form for the NI RHI scheme, including (but not limited to): your name, date of birth, address, e-mail address, telephone number and bank account details.
      • Your unique RHI number and details of RHI payments made in respect of the installation.
      • Details of your installation, including: information relating to meters installed, the technology type, commissioning date, installed capacity, the renewable heat generated, and the address of the installed renewable heating system.
      • Import and export data relating to electricity supply and distribution, including your information relating to metering and grid reference.
      • Documentary evidence in support of your application and ongoing obligations, including (but not limited to): Microgeneration Certificate Scheme (MCS) and Energy Performance (EPC) certificates and other relevant certificates, installation and testing records (including declarations, documents and information about and from the installer), funding agreements, planning permission, property rating and building control statements, schematic diagrams, and fuel, emission, or other records for the installation, if applicable.
      • We also collect any other information required for the purpose of administering the NI RHI scheme.

  3. Why we need to collect and process your information

    1. We only collect and process information that we need in order to carry out our functions in relation to the NI RHI scheme, and for purposes arising from Ofgem's regulatory functions. More detail about the legal basis for collecting and processing your information is detailed below.
    2. In relation to the NI RHI scheme, we collect and process your information (including disclosing to the Department of Economy, our agents, representatives or successors, or to other public bodies or third parties) in order to:
      • Effectively administer the NI RHI scheme.
      • Verify the eligibility of installations applying for accreditation or registration under the NI RHI scheme.
      • Verify the volumes of renewable energy generated by any accredited installation.
      • Assign the correct tariff rate applicable to the installation for which support is claimed.
      • Ensure any RHI support payments are timely and accurate.
      • Monitor compliance with the scheme regulations.
      • Enable Ofgem and / or the Department of Economy to carry out site inspections and audits for the purposes of the NI RHI scheme.
      • Assist us in the identification of fraud, misuse and misreporting.
      • Enable Ofgem and / or the Department of Economy to inform you about, or provide literature about, our services, renewable heat and / or the NI RHI scheme.
      • To carry out statistical analysis or research and development in relation to the NI RHI scheme.
      • To assist in enforcement and / or debt recovery where non-compliance, and / or overpayment has occurred.
    3. We use data analytics1 software to:
      • Validate claims made in respect of renewable heat generated.
      • Improve the services we provide.
      • Ensure compliance with the NI RHI scheme requirements.
      • Identify fraud.
    4. Your information is not used for:
      • Profiling (i.e. automated processing of personal data to evaluate certain things about an individual such as for direct marketing); or
      • To make automatic decisions (i.e. decisions made solely by automated means without any human involvement).

  4. How we collect your information

    1. Information collected directly from you

    2. We will collect information directly from you when you:
      • Visit our website to allow you to make repeat visits. You can find out how we do this through the use of cookies by clicking on the link: here
      • Engage with us when we carry out our statutory and administrative functions.
      • Contact us with an enquiry relating to the NI RHI scheme, or in relation to information requests, complaints and general enquiries.
      • Register as a user or participant on the NI RHI Register.
      • Apply for accreditation or registration under the NI RHI scheme.
      • Email, fax, or telephone us, or send information related to the NI RHI scheme in paper format.
      • Submit information and data to us (including via an online portal, e.g. the NI RHI Register) such as periodic data or declarations as part of your ongoing obligations under this scheme.
      • Use our services e.g., subscribe to our RSS feeds, social media sites, email alerts or request a publication from us.
      • We also collect information during any subsequent audit of an accredited or registered installation.
    3. Newsletters and surveys: We will also collect information directly from you when you sign up to our newsletter(s). We will collect and store your name and email address in order to send these to you, as well as your responses to questions relating to our performance in administering the scheme(s). You can request your information to be removed from the newsletter distribution list at any time by emailing: RHI.Enquiry@ofgem.gov.uk.

    4. Information collected indirectly

    5. We receive information about you or others indirectly via:
      • Credit-checking agencies [Experian] who verify the information you have provided.
      • Gemserv: we receive data to validate the sustainability information provided for your installation, if applicable.
      • The Department for Business, Energy and Industrial Strategy (BEIS), and other third parties in relation to your scheme application, accreditation or registration, including (but not limited to): public grants funding and audit information.
      • The MCS Service Company Limited and the MCS Charitable Foundation: we receive information relating to MCS certificates that are relevant to your application and / or accreditation.
      • We contact local authorities to view planning applications and building usage.
      • The Department for Economy, and other third parties in relation to your scheme application, accreditation or registration, including (but not limited to): public grants funding and audit information.
      • A third party whom we have contracted to undertake auditing work on our behalf - in some cases the information provided will include further documentary evidence relating to the installation, including photographs.
      • Third party public bodies or organisations involved in the prevention and detection of crime.
      • Third party IT systems which provide support for the RHI Registers where applicant / participant information is submitted to us.
      • Third parties you may have nominated to provide us with information.
      • Third parties we believe may be able to independently verify information provided to us on your application, or as part of your accreditation or registration.

  5. How and when we will process and disclose your information

    1. We will only process (including sharing and receiving) your information with the following organisations or official bodies:
      • Third-party auditors who audit the information provided to us by you. We process and share relevant information during audits and will require such third parties to agree to treat the information in accordance with this privacy notice).
      • The police in Northern Ireland (and other public bodies or organisations involved in the prevention and detection of crime) when we or they have found instances of suspected fraud.
      • The Department of Economy , who are responsible for the RHI policy and legislation in Northern Ireland, for the purposes of its functions in relation to the NI RHI scheme, for statistical purposes, and for wider purposes connected with the monitoring, evaluation and development of the scheme and policies. The Department of Economy may also share your data for these purposes.
      • Power companies, the Environment Agency, local authorities and electricity distributors as part of a Data Sharing Agreement.
      • The Welsh Government and Scottish Government, to facilitate its functions on monitoring progress towards renewable energy generation targets.
      • Third-party IT organisations who provide IT and development support for the scheme Registers / Customer Relationship Management (CRM) and other systems used for scheme management. For the CRM: this is a two-way exchange of information between the Ofgem owned register and the Cantata housed CRM. In addition, data is also shared with a third-party organisation who house a copy of the Cantata CRM data (taken as a snapshot-in-time) to mitigate against loss of CRM capability or Cantata going out of business.
      • Qualtrics, to enable us to send you, and for your to respond to, one of our customer (CSAT) surveys through their platform.
      • Experian, a third-party credit checking agency, to verify the information you provide to us, including your name, date of birth, and bank account details.
    2. We will additionally disclose your personal information where:
      • You give us explicit permission to disclose it; or
      • The disclosure is necessary for the purposes of the administration of the NI RHI scheme or where we are legally obliged to by law, statutory direction or court order (e.g. we are required to share information with public inquiries or the Northern Ireland Audit Office).
    3. We process and share your information with third-parties using secure file transfer portals or via Huddle.

  6. Legal basis for processing your information

    1. We collect and process your information as part of our remit as the administrator of the NI RHI scheme, and for purposes arising from Ofgem's functions conferred by law, including (but not limited to) the:
      • Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2012 (as amended)
      • Gas Act 1986
      • Electricity Act 1989
      • Utilities Act 2000
      • Energy Acts of 2008 and 2011
    2. We would not be able to fulfil our legal obligations as the administrator of the NI RHI scheme without collecting and using your information.
    3. If you subscribe to receive our newsletters, we also process your information on the basis of consent, where, if you have opted in, we store your name and email address in order to send you updates on the RHI schemes. You are free to unsubscribe from the newsletters at any time, either by emailing us at RHI.Enquiry@ofgem.gov.uk or by clicking on the 'unsubscribe' button at the bottom of any newsletter you receive.

  7. How long do we keep your information?

    1. Your personal information is deleted when we no longer need it for our functions in administering the NI RHI scheme. As such, it is retained by Ofgem for the duration of scheme participation (up to 20 years), and for a period of 7 years thereafter.

  8. Sharing your information outside the European Union

    1. Any information you provide will not be transferred outside the European Union.
    2. Where we use cloud processing to support our data processing, the servers are located within the European Union.

  9. Your rights

    1. If we hold information about you, you have the right to:
      • Be informed about the data we hold about you.
      • Access the information we hold about you for free.
      • Have your personal information corrected if it is incomplete or inaccurate.
      • Ask us to restrict how we process your information.
      • Object to certain ways we use your information.
      • In some circumstances, you may have a right to object to Ofgem processing your information.
    2. To see the full suite of new consumer rights available to you under GDPR, please refer to the Ofgem Privacy Policy or the ICO website .
    3. You can exercise these rights by contacting our Data Protection Officer: the contact details are below.

  10. How to contact us or make a complaint to us

    1. If you want to exercise any of your rights, request information about our Privacy Policy , know more about the information we hold about you or make a complaint about how we've handled your information, you can email us at dpo@ofgem.gov.uk or write to:


    2. The Data Protection Officer
      Ofgem
      10 South Colonnade
      Canary Wharf
      London
      E14 4PU

    3. You can also contact us to request this notice in an oral format.

  11. Complaints to the Information Commissioner

    1. You have a right to complain to the Information Commissioner. If you want to raise a concern about how we have handled your information, you can report it directly to the Information Commissioner's Office at the following address:


    2. Information Commissioner's Office
      Wycliffe House
      Water Lane
      Wilmslow
      Cheshire
      SK9 5AF

      Telephone: 0303 123 1113
      Online: Live chat

  12. Privacy notice changes

    1. We regularly review our privacy notices. This notice was last updated on 05 July 2019. During this update we made changes to how and when we will process and disclose your information to include Welsh and Scottish Governments.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to RHI.enquiry@ofgem.gov.uk.

By agreeing to the Terms and Conditions and using this website, you are consenting to the processing of any information provided for these purposes and to the sharing and publication of certain information as set out above and, where relevant, confirming that you have any third parties' consent to such processing, sharing and publication of their information.

1 Any data sets processed are sufficiently anonymised to not constitute personal data and are compliant with the UK Statistics Authority Code of Practice for Official Statistics (principle 5: confidentiality).