Privacy / Anti-Bribery Policies

Privacy Policy Information

Gaia Energy Brokers Limited are committed to keeping your personal information safe and confidential. This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be used and kept secure.

This notice applies to personal data we hold about individuals and other individuals, such as company directors, or contacts on business accounts, including sole traders and partners. It does not apply to information which we hold about companies and other legal organisations.

Please read this Privacy Policy carefully to understand our views and practices regarding your personal data and how we will treat it. When you provide your personal data to us, you are deemed to have read this Privacy Policy and to have accepted it.

We may update this privacy notice from time to time to ensure it is always up to date and accurate. Any changes we may make to our privacy notice will be posted on this page.

Gaia Energy Brokers Limited (company number 08454140) is the data controller in relation to the Services and your personal data. Our registered address is 23 High Street Lampeter SA48 7BH

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to:

Gaia Energy Brokers Limited

143 Lake Road

Bristol BS10 5JG

Alternatively, you can email us at compliance@gaia-energy.co.uk

1. Information we may collect
   We will request and process the following data about you:

• Your contact details and the contact details of people associated with your business: this will include name, addresses and date of birth. Where suppliers request previous address history for credit checks, and bank sort code and account number in order to set up Direct Debits, we will ask you for this information.
• We do not require special categories of personal data (such as political, or religious beliefs)
• If we contact each other in writing, we may keep a record of that correspondence, this includes letter, email and enquiries submitted via our website

2. What we use your personal information for and why

• Where we process your personal data because of a contract

If you have requested a Service from Gaia Energy Brokers Limited, we will process your personal data to support the application to the Supplier; our lawful basis for processing your data is “performance of a contract” with you. We are unable to provide our Service if you choose not to provide your data. Your contact details are collected so that Gaia Energy Brokers Limited and your Supplier can contact you about you about your contract and supply.

• Where we process your personal data because we have a legitimate interest to.

Processing is also carried out for the purpose of “legitimate interests” pursued by us, or our agents and service providers, utilising the least amount of personal data necessary for the particular task. We may monitor calls to provide customer service support, and for training and quality purposes; this helps us improve the service we provide.

Gaia Energy Brokers Limited may disclose and use personal information collected about you within its own organisation for the purpose of internal business administration and analysis, completing any transaction you are undertaking with us, providing any goods or services to you, associated administration, or obtaining professional advice.

We may need to pass your data to our agents and service providers, which may involve passing your data outside of the European Economic Area.

If you request to be kept informed of services that we offer, your data may be used for marketing purposes by Gaia Energy Brokers Limited. If you have used the service through a third party we will share contact details with them, or their marketing partners and agencies in line with their normal practice.

• Where we have processed your data because we are legally obliged to

We also process items of your personal data because we are legally obliged to and in order to comply with data protection legislation and for the purpose of internal and statutory audits. By using our website or services you are also agreeing to the use of your personal information by Gaia Energy Brokers Limited and regulatory/governing bodies for the purpose of compliance monitoring

If you have any queries about the data we hold about you, or about the safeguards we have in place to protect it, you can contact our Operations Manager at compliance@gaia-energy.co.uk

We keep your personal data for as long as is necessary in order to achieve the processing purposes

3. Where we collect your personal data from

• Directly from you when you request services from us, submit information via our website, or when you contact us via telephone, email or any other form of communication
• Other companies we work with provide us with information to help us deliver and match our products and services to you. These include, third party data providers, lead generation providers and third party brokers who use our services as a data processor. All partners, suppliers and third parties who Gaia Energy Brokers Limited work with are responsible for ensuring they are GDPR compliant.
• Information you submit to our social media accounts
• The government and regulators such as Information Commissioners Office (ICO) may provide us with information about complaints they receive.

4. Who we share your personal data with

• Where you have requested a service, we will share your personal details with the Supplier to complete the service order
• Third party brokers who utilise our services as a data processor
• Credit and fraud agencies, including Experian and Credit Safe
• The government and regulators such as Information Commissioners Office (ICO) may provide us with information about complaints they receive
• Employees within Gaia Energy Brokers Limited, including Sales Agent and Administration in order that they can provide, and process services requested by you, as well as Managers for analytical and dispute resolution.

5. Direct Marketing

We may contact you by email, telephone or post with information about our products and services we believe you may be interested in. When you call Gaia Energy Brokers Limited , we may also provide you with information about products and services we believe you may be interested in. You can let us know at any time that you do not wish to receive marketing messages by sending an email to us at compliance@gaia-energy.co.uk

6. Data storage and security

We have security procedures in place to protect the loss, misuse, or alteration of information under our control. We have security measures in place to protect its user database and access to this database is restricted.

We have put procedures in place to deal with any suspected personal data breaches and will notify you and the supervisory authority of a breach where we are legally required to do so.

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Our servers are situated within the European Economic Area (“EEA”), however we collect data from wherever users are situated. The information that we collect may therefore be transferred to the UK from any other country in which you may be located, and our processing of such data will be subject to UK data protection laws rather than the laws of the country in which you are resident.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your Rights

You have the right to request access to your data; have it amended if it is not correct; place restrictions on, or object to its processing; request erasure of your data; and have the right to data portability (provided in a format which other companies are able to use). If requesting any of the above from Gaia Energy Brokers Limited please provide this in writing, or by email to compliance@gaia-energy.co.uk

If you opt into marketing permission, you have the right to change your mind at any time; you can do so by emailing us at compliance@gaia-energy.co.uk

Anti- Bribery Policy

Introduction

One of the Company’s core values is to uphold sound, responsible and fair business operations.  It is committed to promoting and maintaining the highest possible ethical standards in relation to all of its business activities.  The Company’s reputation for maintaining lawful business practices is of paramount importance to it and this policy is designed to preserve these values.  The Company therefore has a zero tolerance policy towards bribery and corruption and is committed to acting fairly and with integrity in all of its business dealings and relationships wherever it operates and implementing and enforcing effective systems to counter bribery.

Purpose and scope

This policy sets out the Company’s position on any form of bribery and corruption and provides guidelines aimed at:

• Ensuring compliance with anti-bribery laws, rules and regulations, not just within the UK, but also in any other country within which the Company may carry out its business or in relation to which its business may be connected.

• Enabling employees and persons associated with the Company to understand risks associated with unlawful conduct and to enable and encourage them to be vigilant and to effectively recognise, prevent, avoid and report any wrongdoing, whether by themselves or others.

• Providing suitable and secure reporting and communication channels and ensuring that any information that is reported is properly and effectively dealt with.

• Creating and maintaining a rigorous and effective framework for dealing with any suspected instances of bribery or other unethical conduct.

This policy applies to all permanent and temporary employees of the Company (including any of its intermediaries, subsidiaries or associated companies).  It also applies to any individual or corporate entity associated with the Company or who performs functions in relation to, or for and on behalf of, the Company, including, but not limited to, directors, agency workers, casual workers, contractors, consultants, seconded staff, agents, suppliers and sponsors (“associated persons”).

All employees and associated persons are expected to adhere to the principles set out in this policy.

Legal obligations

The key UK legislation on which this policy is based is the Bribery Act 2010 and it applies to the Company’s conduct both in the UK and abroad.

A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.

It is an offence in the UK to:

• Offer, promise or give a financial or other advantage to another person (i.e. bribe a person) whether within the UK or abroad, with the intention of inducing or rewarding improper conduct.

• Request, agree to receive or accept a financial or other advantage (i.e. receive a bribe) for or in relation to improper conduct.

• Bribe a foreign public official.

You can be held personally liable for any such offence.

It is also an offence in the UK for an employee or an associated person to bribe another person in the course of doing business intending either to obtain or retain business, or to obtain or retain an advantage in the conduct of business, for the Company.  The Company can be liable for this offence where it has failed to prevent such bribery by associated persons.  As well as an unlimited fine, it could also suffer substantial reputational damage in connection with this offence.

Policy

All employees and associated persons are required to:

• Comply with any anti-bribery and anti-corruption legislation that applies in any jurisdiction in any part of the world in which they might be expected to conduct business.

• Act honestly, responsibly and with integrity.

• Safeguard and uphold the Company’s core values by operating in an ethical, professional and lawful manner at all times.

Bribery of any kind is strictly prohibited.  Under no circumstances should any provision be made, money set aside or accounts created for the purposes of facilitating the payment or receipt of a bribe.

The Company recognises that industry practices may vary from country to country or from culture to culture.  What is considered unacceptable in one place may be normal or usual practice in another.  Nevertheless, a strict adherence to the guidelines set out in this policy is expected of all employees and associated persons at all times.

If in doubt as to what might amount to bribery or other unethical conduct or might constitute a breach of this policy, you should refer the matter to your line manager or to (name), the Company’s Anti-Corruption Officer.

For the Company’s rules and procedures in relation to the receipt of business gifts from third parties such as clients, customers, contractors and suppliers and corporate hospitality offered to or received from such third parties, please refer to the Company’s Receipt of Gifts Policy and Corporate Hospitality Policy.  These policies form part of the Company’s zero tolerance policy towards any form of bribery and should be read in conjunction with this policy.

The giving of business gifts to clients, customers, contractors and suppliers is not prohibited provided the following requirements are met:

• The gift is not made with the intention of influencing a third party to obtain or retain business or a business advantage, or to reward the provision or retention of business or a business advantage.
• It complies with local laws.
• It is given in the Company’s name, not in the giver’s personal name.

• It does not include cash or a cash equivalent (such as gift vouchers).

• It is of an appropriate and reasonable type and value and given at an appropriate time.
• It is given openly, not secretly.

• It is approved in advance by a Director of the Company.

Essentially, it is not acceptable to give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given, or to accept a payment, gift or hospitality from a third party that you know or suspect is offered or provided with the expectation that it will obtain a business advantage for them.

For the avoidance of doubt, any payment or gift to a public official or other person to secure or accelerate the prompt or proper performance of a routine government procedure or process, otherwise known as a “facilitation payment”, is also strictly prohibited. Facilitation payments are not commonly paid in the UK but they are common in some other jurisdictions. 

Responsibilities and reporting procedure

It is the contractual duty and responsibility of all employees and associated persons to take whatever reasonable steps are necessary to ensure compliance with this policy and to prevent, detect and report any suspected bribery or corruption in accordance with the procedure set out in the Company’s Public Interest Disclosure Policy.  You must immediately disclose to the Company any knowledge or suspicion you may have that you, or any other employee or associated person, has plans to offer, promise or give a bribe or to request, agree to receive or accept a bribe in connection with the business of the Company.  For the avoidance of doubt, this includes reporting your own wrongdoing.

The duty to prevent, detect and report any incident of bribery and any potential risks rests not only with the Directors of the Company but applies equally to all employees and associated persons.

The Company encourages all employees and associated persons to be vigilant and to report any inappropriate or unlawful conduct, suspicions or concerns promptly and without undue delay so that investigation may proceed and any action can be taken expeditiously.  For example, if a client or potential client offers you something to gain a business advantage with the Company or indicates to you that a gift or payment is required to secure their business.

In the event that you wish to report an instance or suspected instance of bribery, you should follow the steps set out in the Company’s Public Interest Disclosure Policy.  Confidentiality will be maintained during the investigation to the extent that this is practical and appropriate in the circumstances.  The Company is committed to taking appropriate action against bribery or other unethical conduct.  This could include either reporting the matter to an appropriate external government department, regulatory agency or the police and/or taking internal disciplinary action against relevant employees and/or terminating contracts with associated persons.

The Company will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken.  It is also committed to ensuring nobody suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith their suspicion that an actual or potential bribery or corruption offence has taken place or may take place in the future.

All employees and associated persons must ensure that any contract or agreement entered into by them for or on behalf of the Company contains an appropriate clause aimed at ensuring that any third party to the contract is aware of and agrees to adhere to the contents of this policy and further, that the contract expressly sets out the consequences of non-compliance including, where appropriate, clear provision for terminating the contract in the event of non-compliance or the commission of any relevant bribery offence.

 

Record-keeping

 All accounts, receipts, invoices and other documents and records relating to dealings with third parties must be prepared and maintained with strict accuracy and completeness.  No accounts must be kept “off the record” to facilitate or conceal improper payments.

 Sanctions for breach

Breach of any of the provisions of this policy will constitute a disciplinary offence and will be dealt with in accordance with the Company’s disciplinary procedure.  Depending on the gravity of the offence, it may be treated as gross misconduct and could render the employee liable to summary dismissal.

As far as associated persons are concerned, breach of this policy could lead to the suspension or termination of any relevant contract, sub-contract or other agreement with the associated person.

Data Protection

When processing information in connection with a report made in pursuance of this policy or when processing any records or documents relating to dealings with third parties which relates to personal data, the Company will process this in accordance with its data protection policy and any internal privacy notices in force at the relevant time.

Inappropriate access or disclosure of this data will constitute a data breach and should be reported immediately to the Company’s Data Protection Officer [Data representative] in accordance with the Company’s data protection policy. Reported data breaches will be investigated and may lead to sanctions under the Company’s disciplinary procedure.

 Monitoring compliance

The Company’s Anti-Corruption Officer has lead responsibility for ensuring compliance with this policy and will review its contents on a regular basis.  They will be responsible for monitoring its effectiveness and will provide regular reports in this regard to the Directors of the Company who have overall responsibility for ensuring this policy complies with the Company’s legal and ethical obligations.

Training

The Company will provide training to all employees to help them understand their duties and responsibilities under this policy.

The Company’s zero tolerance approach to bribery will also be communicated to all business partners at the outset of the business relationship with them and as appropriate thereafter.

Examples of potential risks

 The following is a non-exhaustive list of possible issues which may raise bribery concerns and which you should report in accordance with the reporting procedure set out above:

• A third party insists on receiving a commission or fee before committing to signing a contract with the Company, or carrying out a government function or process for the Company.
• A third party requests payment in cash, or refuses to sign a formal commission or fee agreement, or to provide an invoice or receipt for a payment made.
• A third party requests an unexpected additional commission or fee to facilitate a service.
• A third party demands lavish, extraordinary or excessive gifts or hospitality before commencing or continuing contractual negotiations or provision of services.
• You are offered an unusually lavish, extraordinary or excessive gift or hospitality by a third party.
• You receive an invoice from a third party that appears to be non-standard or extraordinary.
• The Company is invoiced for a commission or fee payment that appears large given the service stated to have been provided.