Terms of Use
This Privacy Notice explains how and why we acquire and collect and process the personal data above in accordance with the General Data Protection Regulation (“GDPR“) and the Data Protection Act 2018 (together “Data Protection Law“).
It is important that you read this Privacy Notice. We may change or update parts of this Privacy Notice in order to maintain our compliance with applicable law or following an update to our internal practices. We will do this by updating this Privacy Notice on our website which is at www.oakdata.net. Please ensure that you regularly check this Privacy Notice on our website so you are fully aware of any changes we make.
Oak Garden Network is the controller and responsible for your personal data.
We have appointed a data protection officer (DPO). If you have any questions about this privacy notice or our data protection practices please contact the DPO.
CONTACT DETAILS
Our full details are:
Full name of legal entity: OAK Garden Network
Name of DPO: Gaetan Cuvillier
Email address: gaetan@oak-network.com
Registered address: Unit 562 Salisbury House, 31 London Wall, London, United Kingdom, EC2M 5QQ
Telephone number: +447787230469
Under certain circumstances, you have rights under data protection laws in relation to your personal data including the right to receive a copy of the personal data we hold about you and the right to make a complaint at any time to the Information Commissioner’s Office, the UK regulator for data protection issues (www.ico.org.uk).
More detail can be found here.
#OAK. Terms & Conditions of Use
Last updated: 17 August 2022
1 Introduction
The OAK Garden Network and OAK services are provided for your business use subject to the following Terms of Use. By registering with the service, you agree that you have read and accepted these terms. These Terms of Use reflect widely used common sense practices in using similar internet services; our members must observe these rules governing their use of the GlowPro service.
2 Information about The OAK Garden Network
OAK is an application designed to help people understand and reduce their electricity energy consumption. OAK is wholly owned and operated by The OAK Network UK. OAK is registered in England with a registered and trading address of Unit 562 Salisbury House 31 London Wall EC2M 5QQ London. The OAK Garden Network’s Company Number is 14008204. The OAK Network is a technology platform that powers applications such as including OAK.
3 Registering with The OAK Garden Network
There are two levels of registration with OAK:
3.1 Registered OAK account
With a registered OAK Garden Network account, you can use the OAK mobile app that is available through the Apple App Store and Google Play Store as well as OAK web based services. Registration involves providing us with a username, your email address and setting a password. To view your own energy consumption data in the OAK application, you need to login with your username name and password.
3.2 OAK user
A OAK user is someone (who can access their data through the OAK API. To use the API you need:) needs 1. an account with one of the OAK compatible applications and 2. to connect OAK compatible hardware to the OAK platform. Once the equipment is correctly set-up in your home you can create your initial account using a OAK compatible application and become a OAK user.
4 Your account
You are responsible for maintaining the confidentiality of your username and password and must take all reasonable steps to keep it confidential. If your security is breached advise us immediately (email support@oakdata.net) and we will cancel or reset the security credentials on your account. You can change your account details at any time by logging in to the application and editing your profile as required.
You may cancel your account to The OAK Garden Network and/or the OAK platform through the OAK App or by contacting us on email at support@oakdata.net or by post at our registered address. It may take up to 48 hours after the receipt of your request to process your cancelation. We will delete your data and remove you from the system.
5 Your data
By using OAK you consent to the collection and use of the information by Hildebrand. We may collect and store any of the following:
An encrypted copy of your OAK Garden Network username and password
The unique identifier for your OAK Hub (we will use this to provide you with support if required).
Information about how you interact with The OAK Garden Network.
The unique identifier for your electricity or gas supply known as your MPAN for electricty and MPRN for gas.
For the purposes of identifying you and verifying your right to access data on a smart meter, an encrypted copy of an electricity and/or gas bill, photo identification, a self recorded video and your name and address. This information will only be used for verification and then securely archived for audit purposes.
“Operational Data” is defined as any data and information produced or generated and collected by the monitoring devices embedded in Oak’s equipment, including but not limited to energy usage, kwh/ cost / co2 emissions, day and night costs daily heatmaps of usage.
We shall have the perpetual, world-wide, non-transferable, sub-licensable and exclusive right to use Operational Data:
- to confirm Oak’s equipment’s compliance with its specifications;
- for product and services improvement and development as well as quality assurance and academic activities;
- meeting monitoring requirements set out by the relevant component manufacturers
We may use any Operational Data collected perpetually for the purposes stated herein..
We shall have the right to disclose Operational Data to third parties including other customers. Information provided to a third party which contains Operational Data may not be anonymized and may identify you as the source of such Operational Data.
6 Service Description
There are two elements to the service: OAK, the mobile application and The OAK Garden Network, the data service for your OAK hub. To use the OAK application you need a user account and an Apple or Android smartphone or tablet. To use the OAK Garden Network services you need a broadband connection to the internet to connect your OAK hub. Unless we state otherwise, any new services added to OAK or the network will be subject to these Terms of Use.
6.1 Electricity consumption and cost monitoring
Where a OAK hub is able to communicate with your smart electricity meter, The OAK Garden Network as an application provides a virtually real-time picture (data is collected and transmitted every ten seconds) of your home electricity consumption and allows you to review your usage.
If you have a smart meter, your electricity tariff is also collected through the hub to calculate the cost of consumption by applying the tariff that is found on your smart meter. In some cases your energy supplier may not have updated the price found on the smart meter, in which case we would encourage you to contact your energy supplier to update the tariff information on the meter. The cost shown may also differ to what you are billed depending on discounts, surcharges or other adjustments your energy supplier may make in addition to the cost of energy.
Monitoring your electricity consumption is done through the OAK application. Your computer does not need to be turned on but the hub must be on power and connected to the Internet in order for the service to function.
If you have a smart meter, your gas tariff is also collected through the OAK hub to calculate the cost of consumption by applying the tariff that is found on your smart meter. In some cases your energy supplier may not have updated the price found on the meter, in which case we would encourage you to contact your energy supplier to update the tariff information on the smart meter. The cost shown may also differ to what you are billed depending on discounts, surcharges or other adjustments your energy supplier may make in addition to the cost of energy.
Monitoring your gas consumption is done through the GlowPro application or other compatible
6.2 Consumption, tariff and configuration of your smart meter
Where data is sourced directly from the smart meter without a hub, data is being accessed through the industry network to provide consumption and tariff data to help you manage your energy. To ensure your privacy we may access the technical configuration of your smart meter and what devices are connected to your smart meter.
7 Security
The information that OAK collects may be stored locally on your device. The consumption and tariff information that the OAK hub collects will be transmitted to OAK Garden Foundation’s partners servers. Our partner use a range of tools to protect your information against unauthorised access and disclosure; Hildebrand are ISO 27001 certified. Hildebrand have put appropriate technical and procedural measures in place to protect the security of your data however we do not guarantee that your personal information or private communications will always remain private when using this App.
8 Service Availability
Our goal is to have the service available for 99% of the time but we cannot be held liable for any service outages. Planned outages will be notified to users via email, app notices and The OAK Garden Network web site.
9 Changes to OAK Services
The OAK services are constantly evolving; we reserve the right to implement further practices and limits pertaining to the use of the service over time. This includes modifying or discontinuing, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
10 Purchasing from OAK
We offer the Glow hub through energy suppliers as well as directly to consumers via an online shop. The Glow hub is for sale from on the GlowMarket shop (shop.glowmarkt.com). can be purchased, however the correct model must be selected to be compatible with your home energy supply meter type. If you wish to purchase a significant volume of units, please contact us. We do not guarantee the quality of the data from the smart meter or applications. and If you did not purchase hardware directly from OAK Garden Network you should contact the reseller or retailer where you purchased the hardware if it is faulty if you have not purchased directly from The OAK Garden Network.
10.1 Your status as a buyer
By placing an order you warrant that you are legally able to do so and that you are at least 18 years old.
10.2 When you place an order
After you place an order through our site you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
10.3 Consumer rights
You are protected by the UK consumer protection legislation.
10.4 Availability and delivery
If an item is listed on the web site it should be available for delivery. From time to time, due to excessive demand or supply problems, there may be a delay in shipping your order. If this is the case, we will inform you via email of the expected delay.
10.5 Cancellation
European Union customers are entitled to a seven business day cooling-off period and have the right to withdraw from the contract within seven business days of receipt of the delivery. The items must be returned in accordance with our Returns policy (see 810.7). Before you return the item you must notify us of your cancellation via email.
You may cancel your account to OAK through the website App or by contacting us on email at support@oakdata.net or by post at our registered address 4/78 Alderney street SW1V 4EZ. It may take up to 72 hours after the receipt of your request to process your cancelation..
10.6 Returns policy
If you are unhappy with your purchase, you can return the product(s) to us within 30 days of purchase for a full refund less postage and packaging costs. All items must be returned as sent, in the original packaging, and in an unused condition and the packaging must not be damaged to qualify for the refund. The refund will be issued to the credit card you used to pay for the item once we have received the item and it, and the packaging, are in as new condition. If an item is defective we will replace it and refund to you the cost of your postage for returning the item. The items must be returned to Hildebrand, 16 Mortimer Street, London W1T 3JL. Our Terms and Conditions do not affect your statutory rights.
10.7 Our liability
The products sold on this website have been designed to comply with all relevant EU legislation. We cannot accept liability for any consequential loss of profit or indirect losses but do accept liability where we have failed to deliver what was promised in the contract.
10.8 Import Duty
If you order from our site but the item is being delivered outside the UK you may be subject to import duties and taxes on receipt. Any additional charges incurred must be borne by you and are not our responsibility. Important: the hub is designed to work within the UK. Using the system in other countries may require additional configuration, as well as plug adapters. If you are interested in using the service outside the UK, please contact us.
11 Privacy Policy
The OAK Garden Network and the parent company OAK Network are committed to protecting your privacy within the constraints of the law in force at the time of usage use. Please see our separate Privacy Policy statement. Note: All company communications from us will be sent to you from the address admin@glowmarkt.com or as a message within GlowPro. Support communications from us will come from the address support@glowmarkt.com or support@hildebrand.co.uk. We will never ask for your password via email or telephone. Please note that our Privacy Policy does not form part of your contract with us and that Hildebrand Technology Limited is the data controller of your personal data. You can contact Hildebrand Technology Limited’s data protection officer by writing to The Data Protection Officer, Hildebrand Technology Limited, 16 Mortimer Street, London, W1T 3JL.
12 International Legal Compliance
As the internet transcends national boundaries, you agree to comply with your local laws and polices policies in force regarding online conduct and acceptable content.
13 Acceptable Use
The core tenant tenet of the service is that you must not interfere with the legitimate use by others of the Internet.
13.1 User conduct
Any content you post to us must comply with commonly acceptable standards of behaviour. You must not be libellous, defamatory or otherwise illegal in what you post. Posted content which is unacceptable includes comment which is offensive, aggravates and/or objectionable to others; racist and/or ethnically objectionable; obscene; libellous; harmful; hateful; harasses; threatens; defames; abusive; vulgar; incites violence. You must respect third party rights and not violate privacy, trademark or copyright. We reserve the right to remove such content and terminate the account of users who violate these standards.
13.2 User disputes
In the unlikely event of users getting into disputes between themselves we expect them to resolve them. If we find that such dispute is being conducted in a manner which is detrimental to the best interests of other users of the service, we reserve the right to intervene and act appropriately.
13.3 Use OAK Service
The OAK Garden Network and its services may only be used by you for lawful purposes. You are responsible for your OAK account, the data within it and keeping your password confidential. If you realise that someone else has been using your account (without your permission) please email us immediately at support@oakdata.net. You are allowed to use the OAK Garden Network and OAK service for personal use only. Commercial use of the service can result in termination without warning. If you wish to discuss commercial use of the service, please contact us at admin@oakdata.net. If you wish to cancel your access your OAK account at any time, please contact us at support@oakdata.net.
14 New forms of Internet Abuse
New forms of internet abuse are likely to be found that are not covered by the categories defined in this Terms of Use. When detected in a OAK account, we will ask you to stop, and normally provide you with 14 days to comply.
15 Content Ownership
Users own their own electricity (and gas if available) data. We will not use personal consumption data for any purpose other than for your own use, although we will collate members’ data anonymously to support comparison, measurement across groups, on-going analysis, etc. You represent and warrant that with regard to any posts you make to the service that you own or otherwise control all of the rights to the content you post and that it is accurate and not in breach of our policies or guidelines. You agree to indemnify us for any claims brought by a third party against us in connection with any breach of these warranties.
16 Payment
If you subscribe to any element of our services which entails a fee, you agree that you will pay this fee promptly on receipt of the charge, with any relevant local taxes which are required.
17 Investigation & Complaint Process
If you have a complaint about material posted within The OAK Network please send an email to abuse@oakdata.net. If you have a complaint about any aspect of the the service, please send an email to complaints@oakdata.net. We cannot guarantee your issue will be dealt with promptly if any other mechanism is used.
We reserve the right to investigate suspected violations of these Terms of Use which may result in an investigation by any external bodies such as the Police. This could involve gathering data from members, the our facilities, other service providers and the complainant. If such an investigation is required and while it is under investigation, we are within our rights to suspend the suspect account and either temporarily or permanently remove the material involved from the our service.
We may be bound by current or future legal statutes, such as the Regulatory of Investigatory Powers Act 2000 to access, monitor, store, take copies of, or otherwise deal with the members’ service users’ data stored the service data. Without limitation, you expressly authorise us to use personal data and other account information in connection with any such investigation, including disclosure to any third party authority that is considered to possess a legitimate interest in any such investigation or its outcome.
18 Termination
18.1 The OAK Garden Network or OAK Termination
We reserve the right to terminate or restrict your account for any reason, including but not restricted to violation of any of the Terms of Use stated in this document. By accepting these Terms of Use, you agree that termination may occur without prior notice.
18.2 Termination due to Non-Compliant Activity
Where serious transgressions or illegal activities are found occurring within the service, we are within our rights to inform any relevant authority, including the police. We are within our rights to make any public announcement to say action has been taken, including identification details.
Where you are found to be at fault, you will be liable for all costs and damages incurred by us in the provision of this service and you will have no compensation in respect of withdrawing your service and/or closing your account.
18.3 Termination due to In-Activity
Where an account has not been used for more than 18 months, we reserve the right to delete the account and any data associated with the account.
19 Proprietary Rights
You acknowledge and agree that the the OAK Garden Network and OAK services and any necessary software used in connection with the services (‘Software’) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. No content from the site (other than your own electricity consumption data or posts to discussion groups) can be copied, captured or quoted in any manner without our express written permission. Please contact us at admin@glowmarkt.com if you wish to make such a request. Decompilation, reverse engineering or re-engineering of any nature, or attempting to do so is strictly forbidden.
20 Resale of the Service
You expressly agree not to sell, resell, copy, duplicate, reproduce or exploit any part of the The OAK Garden Network or OAK service, application or documentation. Commercial use of the service can result in termination without warning. If you wish to discuss commercial use of the service, please contact us at admin@glowmarkt.com.
21 Changes to the Terms of Use
We reserve the right to modify these Terms of Use from time to time without notice as the service continues to evolve; we ask you to review them when new changes are issued. Significant changes will be alerted to you via the web site. The date of the latest revision will be published at the top of this page.
22 Assignment
We reserve the right to assign this contract at any time whether in whole or in part. You do not have this right but can cancel your contract at any time by contacting us at admin@glowmarkt.com.
23 Jurisdiction
These Terms of Use are governed by English law and under the jurisdiction of English courts. If any of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the Limitation of Liability and the Disclaimer of Warranties clauses at the end of this document, then the invalid or unenforceable provision will be deemed as having been superseded by a valid, enforceable provision which most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
24 Indemnity
You agree to indemnify and hold the OAK Garden Foundation, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your content, your use of the GlowPro or Glow service, your connection to the service, your violation of the Terms of Use, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GLOWPRO AND GLOW SERVICE, SOFTWARE, DOCUMENTATION AND ANY ASSOCIATED MATERIALS ARE PROVIDED ON AN ‘AS IS’ BASIS WITH NO WARRANTIES WHATSOEVER. HILDEBRAND TECHNOLOGY LIMITED AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF (A) MERCHANTABILITY, (B) FIT FOR A PARTICULAR PURPOSE, (C) NON-INFRINGEMENT, (D) RELIABILITY, (E) INTERRUPTION OF SERVICE, (F) TIMELINESS, (G) PERFORMANCE OR (H) ERROR FREE. HILDEBRAND TECHNOLOGY LIMITED DISCLAIM ANY WARRANTIES REGARDING (A) THE SERVICE MEETING YOUR REQUIREMENTS, (B) ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE, (C) QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS RECEIVED OR PURCHASED THROUGH THE SERVICE, (D) ANY ERRORS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE GLOWPRO OR GLOW SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HILDEBRAND TECHNOLOGY WILL IN NO WAY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, LOSS OF USE, GOODWILL OR ANY OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM OR ARISING OUT OF (A) PROCUREMENT COST OF SUBSTITUTE GOODS AND/OR SERVICES, (B) INABILITY OR USE OF THE SERVICE, (C) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (D) UNAUTHORISED USE, (E) ANY PERFORMANCE OR NON-PERFORMANCE ISSUE RELATING TO THE SERVICE AND (F) ANY OTHER MATTER RELATING TO THE SERVICE.