Information register

This information register is published in accordance with the Australian Energy Regulator's Ring Fencing Guideline. Its operation is outlined in CitiPower's and Powercor's information sharing protocol available on our website. To register, parties should email the below information and a completed confidentiality undertaking to [email protected] or [email protected].

Business name and ABN Relationship with CitiPower and Markets in which you compete or are Description of the kind and purpose Powercor (affiliate / non-affiliate) seeking to compete with an affiliate of information being sought

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Details

Parties us and you Us Name CitiPower Pty Ltd (ACN 064 651 056) Ltd (ACN 064 651 109) Address Level 8, 40 Market Street 8001 Fax N/A Email [email protected] You Name ABN Address Telephone Fax Email Attention

Execution

EXECUTED AS A DEED POLL on ………………..

SIGNED SEALED AND DELIVERED ) for and on behalf of YOU by ) ) ...... ) (print name) ) ) YOUR duly authorised signatory in the ) presence of: ) ...... ) By executing this deed poll the signatory ...... ) warrants that the signatory is duly (Signature of Witness) ) authorised to execute this deed poll on ) behalf of YOU ...... ) (Print name of Witness) ) )

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time. If we do so, you must provide such General terms evidence promptly and within 5 Business Days of our request for you to do so. 1 Terms and Conditions 1.1 Acceptance 2 Registration (a) By registering on Our Information 2.1 Application Register, you agree to be bound by these To register and continue to be registered on Terms and Conditions. Our Information Register, you must at all relevant times: (b) By receiving or requesting Confidential Information pursuant to Our Information (a) be eligible to register on Our Information Register at any time, you will be deemed Register; to do so on and subject to these Terms and Conditions. (b) submit and maintain all your required details and information; and (c) This clause 1.1 applies whether or not you have signed and returned these (c) accept and comply with these Terms and Terms and Conditions. Conditions,

1.2 Variations in accordance with these Terms and (a) To the maximum extent permitted by law: Conditions, Our Information Sharing Protocol and the Guideline. (i) we may vary or replace these Terms and Conditions (including the 2.2 Application approval Permitted Purposes, Special (a) If we accept your registration, we will Conditions and any other terms and confirm our acceptance by email, on Our conditions incorporated into these Information Register or as otherwise Terms and Conditions) from time to permitted. time by written notice to you 2 Business Days in advance; and (b) We may require you to submit further information or to satisfy additional (ii) we may vary or replace Our eligibility criteria or other pre-conditions in Information Register and/or Our order for your registration to be accepted Information Sharing Protocol from (as appropriate in the circumstances). time to time by publishing the revised version or our Website, by (c) We may also only accept your written notice to you or as otherwise registration in part or on and subject to permitted by law. further terms and conditions (as appropriate in the circumstances). (b) You may end your registration and these Terms and Conditions at any time in accordance with clause 2.4(b), in which 2.3 Your information case clause 4 will apply. (a) It is solely your responsibility to keep all your details and information provided to (c) Accordingly, if following notification of a us up-to-date, complete and correct at all variation or replacement under clause times. 1.2(a) you do not terminate your registration or otherwise continue to (b) Any changes to any such details and receive, request or use Confidential information must be provided to us by Information pursuant to Our Information written notice at least 15 Business Days Register you agree to be bound by any in advance of the change. such variation or replacement. (c) You represent and warrant that, all time 1.3 Compliance times, all information and material directly or indirectly provided or disclosed by you We may request evidence of your compliance in your registration or in connection with with these Terms and Conditions from time to

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these Terms and Conditions or the you may cancel your registration by Information Register: written notice to us (effective upon our receipt of your notice). (i) is true and correct and not misleading in any way; (c) On cancellation or rejection of your registration, these Terms and Conditions (ii) is your own information, material will automatically terminate. and intellectual property and will not infringe any person's intellectual (d) On termination of these Terms and property, privacy or confidentiality Conditions, your registration will rights; automatically be cancelled (unless we specify otherwise). (iii) does not contain any defamatory, discriminatory or inappropriate (e) Termination of these Terms and material or content and is free from Conditions does not affect any causes of any virus or harmful code; and action or rights or remedies that we have accrued prior to termination. Your (iv) complies with all applicable laws and obligations and our rights under these any obligations that you owe to us or Terms and Conditions survive any other third party, and would not termination (to the extent applicable). cause us to fail to comply with any applicable laws. (f) Please note that we may take approximately 15 Business Days to (d) You must immediately notify us if you remove your information from Our cease (or may cease) to be eligible for Information Register after the termination registration or any Confidential of your registration. We have no liability Information or if you do not (or may not) to you in relation to this, and any delay in comply with any of these Terms or this occurring does not change the status Conditions at any time. of your registration otherwise notified to you. 2.4 Cancellation 2.5 Your privacy (a) To the maximum extent permitted by law we reserve the right, at any time and for (a) We (and our Permitted Persons) will any reason without notice, liability or have access to and collect Personal explanation, to amend or cancel your Information and other information about registration and/or terminate these Terms you and your Permitted Persons in and Conditions, including if (at any time): connection with, and for the purposes of, the Approved Purposes. (i) you fail to comply with these Terms and Conditions or we have (b) We are committed to the responsible reasonable grounds to believe that handling and management of Personal you have or are likely to fail to Information. We will use, disclose and comply with these Terms and deal with such Personal Information in Conditions; accordance with Our Privacy Policy (as applicable) and these Terms and (ii) you cease to be, or we have Conditions. reasonable grounds to believe that you have ceased or are likely to (c) You may have a right to access certain cease to be, eligible to be registered Personal Information that we collect and on Our Information Register or hold about you as set out in Our Privacy entitled to receive Confidential Policy or the Privacy Laws. Information under the Guideline; or 2.6 Our communications (iii) we are no longer required to maintain Our Information Register or (a) You agree that we (and our Permitted provide Confidential Information to Persons) may contact you in connection you under the Guideline. with, or for the purposes of, the Approved Purposes ("Our Communications") via email or any other contact details or (b) If you no longer wish to be registered on address that you have provided to us. Our Information Register and wish to terminate these Terms and Conditions,

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(b) If you wish to opt out of receiving Our competent jurisdiction, or the rules of any Communications you may do so by stock exchange a party is listed on, cancelling your registration in accordance with clause 2.4(b). provided that in doing so you comply with your other obligations under these Terms and Conditions (including but not limited to clause 3 Your obligation of confidence 3.1(d)). 3.1 Use and confidentiality 3.3 Conditions of disclosure You agree to: (a) Before disclosing any Confidential (a) keep the Confidential Information Information under clause 3.2(b), you confidential; must procure that the relevant Permitted Person has agreed to be bound by (b) not use the Confidential Information for obligations of confidentiality at least as any purpose other than the Permitted restrictive as those in these Terms and Purpose; Conditions in relation to the Confidential Information. (c) not disclose any of the Confidential Information to any person other than as (b) You will be responsible for each act and permitted under clause 3.2; omission of your Permitted Persons to whom you disclose any Confidential (d) comply with clause 4.3.2 and 4.3.3(a) to Information under clause 3.2(b) as if it (d) of the Guideline in relation to the was an act or omission by you under Confidential Information as if you were a these Terms and Conditions. distribution network service provider (and any other similar requirement as we may (c) You must promptly notify us on becoming prescribe or be required to prescribe from aware of any requirement to disclose time to time); Confidential Information under clause 3.2(c) or otherwise and must: (e) establish and maintain effective security measures to safeguard the Confidential (i) cooperate with and provide any Information from unauthorised access, reasonable assistance requested by use, copying or disclosure; us to restrict or limit the extent of the disclosure required; (f) promptly notify us on becoming aware of any potential, suspected or actual breach (ii) at the time that the Confidential of these Terms and Conditions by you or Information is disclosed, state to the your Permitted Persons; and person to whom the Confidential Information is disclosed that it is of a (g) do anything reasonably required by us to confidential or commercially- prevent, restrain or mitigate the sensitive nature; and consequences of a breach, or any potential or suspected breach of these (iii) prior to disclosing the Confidential Terms and Conditions. Information, use your best endeavours to require the person to 3.2 No Disclosure whom the Confidential Information is to be disclosed to provide a You may only disclose the Confidential confidentiality undertaking to us in Information: similar terms to these Terms and Conditions. (a) with our prior written consent (and subject to any conditions we impose on 3.4 Commencement of this deed in giving our consent); This deed commences on the earlier of (b) to your Permitted Persons on a need-to- execution and the Start Date. know basis solely for the Permitted Purpose; or 3.5 Compliance with Guideline You must not do or omit to do anything which (c) if required by any law, regulation, order of may cause us or our Permitted Persons to fail any Government Agency or court of

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to comply with clause 4.3 of the Guideline or available on request) as if you were Our Information Sharing Protocol. bound by that code or policy;

(c) not disclose or transfer the Personal 4 Return of Confidential Information outside Australia without prior Information written consent from us;

4.1 Return and destruction (d) immediately notify us of any Data Prior to the End Date, at our request, or if you Incident, providing full and frank no longer need the Confidential Information disclosure; for the Permitted Purpose, you must cease using the Confidential Information and, at our (e) not disclose to any third party the option, return or permanently delete or existence or circumstances surrounding destroy all copies of the Confidential the Data Incident, or otherwise deal with Information, in any form, that are then in your a third party in relation to the Data possession or control and ensure that all of Incident, without our prior written your Permitted Persons do the same. approval (unless otherwise required by law); 4.2 Exceptions (f) retain system logs and other information Nothing in clause 4.1 requires you to delete, that may be relevant to the Data Incident, destroy or return any Confidential Information or to assessing the cause or impact of to the extent: the Data Incident;

(a) doing so would be: (g) provide all information and access to your premises, staff, processes and (i) prohibited by any law, regulation, systems reasonably requested by us for order of any Government Agency or the purpose of investigating the Data court of competent jurisdiction, or Incident and otherwise cooperate with the rules of any stock exchange; or any investigation or resolution of the Data Incident by us; and (ii) inconsistent with prudent corporate governance policies applying to you (h) immediately take all action reasonably or your Permitted Persons; or necessary to:

(b) the Confidential Information is embedded (i) mitigate the impact of the Data in computer backup archives that are Incident (including to restore or impracticable to delete or destroy. recover any lost data); and

4.3 Ongoing obligations (ii) prevent any repeat of the Data Nothing in this clause 4 releases or Incident in the future, including by discharges you from you continuing complying with any of our obligations in these Terms and Conditions. reasonable directions, and keeping us informed at all times of any actions that you take or propose to 5 Privacy and Data Security take under this clause.

5.1 Privacy 5.2 Security of Protected Information Without limitation to your other obligations (a) You must ensure that all Protected under these Terms and Conditions, if the Information remains stored only within Confidential Information contains any Australia, is accessible and maintained Personal Information, you must, with respect only from within Australia and may not be to that Personal Information: taken outside of Australia except in circumstances where: (a) comply with the Privacy Act 1988 (Cth), and any other Privacy Laws by which you (i) it is required to be accessed from are bound; outside Australia for the express purpose of continuation of electricity (b) comply with Our Privacy Policy and any services; privacy code or policy which has been adopted by us and notified to you (copies

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(ii) it is required to be accessed in order that it has been or will be independently to comply with any law of the verified or updated at any time. Commonwealth of Australia, or any of its States and Territories; or 6.3 No liability

(iii) it is aggregated (with removal of any (a) To the extent permitted by law, we information that would enable exclude all liability, whether under identification of Personal statute, contract, tort (including Information) before being accessed negligence) or otherwise, for any loss or for any corporate and financial damage suffered or incurred by you or reporting purpose. any third party resulting from:

(b) Where Customer Data is stored in the (i) that person using or relying on; or cloud, you must ensure that you use a cloud provider that is listed on the ASD (ii) any act or omission by us in Certified Cloud Services List and connection with, Gateway Services that are certified by ASD. the Confidential Information (or any other information or data which is acquired or (c) This clause 5.2 applies notwithstanding accessible by you or your Permitted anything to the contrary in these Terms Persons under or in connection with and Conditions. However, it does not these Terms and Conditions or Our limit your other obligations under these Information Register). Terms and Conditions (for example, you must also obtain our consent under (b) To the extent permitted by law, we will clause 5.1(c) even if an exception under not be liable for any indirect, incidental, clause 5.2(a) applies). special or consequential loss in any circumstances.

6 Acknowledgments and (c) Any tax, liability, duty, costs or charges disclaimers incurred by you or your Permitted Persons in connection with these Terms 6.1 Injunctive relief and Conditions or Our Information Register are solely your responsibility. You acknowledge that:

(a) a breach of these Terms and Conditions 6.4 No interest by you would be harmful to us or our (a) Nothing in these Terms and Conditions Permitted Persons (or both) or our may be construed as granting you or respective assigns or successors; your Permitted Persons any title, right, licence proprietary or other interest in or (b) monetary damages may not be a to the Confidential Information or our sufficient remedy for any breach of these intellectual property rights in respect Terms and Conditions; and thereof.

(c) we will be entitled to equitable relief, (b) You acknowledge that: including injunction and specific performance, as a remedy for such (i) these Terms and Conditions do not breach. grant you any entitlement, in any way, to any Confidential Information; 6.2 Warranties and We make or give no representation, (ii) any entitlement that you may have guarantee or warranty, express or implied, to any Confidential Information is that the Confidential Information (or any other solely as mandatorily provided for in information or data which is acquired or the Guideline, as limited by these accessible by you or your Permitted Persons Terms and Conditions and Our under or in connection with these Terms and Information Sharing Protocol to the Conditions or Our Information Register) is or extent permitted by law. will be complete, accurate, up-to-date or suitable for use for any particular purpose or

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(b) the parties acknowledge that these 7 Intellectual Property Terms and Conditions do not convey any 7.1 General interest of a proprietary nature, and in particular but without limitation, does not (a) As between you and us, all rights to the transfer any interest in any intellectual Confidential Information are owned by us property, (and at all times remain our property). The Confidential Information is subject to unless the parties otherwise expressly agree copyright and may contain or relate our in writing. other intellectual property (whether owned or licenced by us). 7.3 Background IP Notwithstanding anything to the contrary in (b) You must not: these Terms and Conditions:

(i) reverse engineer, decompile or (a) a party’s intellectual property rights disassemble any Confidential owned or licenced by it prior to the Start Information; Date or independently of these Terms and Conditions, shall remain the property (ii) manufacture, produce or sell any of that party (“Background IP”); and product, provide any service, or use any process, formula or method, (b) any intellectual property rights in respect based on the Confidential of any improvement to, or any intellectual Information; property derived from, or any material to the extent it contains, comprises or (iii) use any aspect of any Confidential incorporates a party’s Confidential Information for the purpose of Information (or other intellectual property) contracting or attempting to contract by any other party, shall vest in the first- with any our (or our Permitted mentioned party upon creation except to Person’s) employees, customers or the extent it comprises that other party’s counterparties; or own Background IP.

(iv) otherwise commercialise or 7.4 Special conditions commercially exploit any Confidential Information, This clause 7 does not limit our right to prescribe Special Conditions contrary to that without our prior written agreement clause as a pre-condition of our disclosure of expressly and specifically authorising you certain Confidential Information. to do so. 8 Special Conditions (c) You may only copy or reproduce Confidential Information with our prior 8.1 General written consent and subject to any conditions we impose on that consent. To the maximum extent permitted by law, we may provide all or specified parts of the (d) You must not do or permit any act to be Confidential Information to you subject to any done which infringes upon our existing additional conditions or restrictions that we copyright or other intellectual property think necessary by advance written notice to rights in relation to the Confidential you (“Special Conditions”). The Special Information. Conditions may but need not include:

7.2 New intellectual property (a) a condition that the Confidential Information may be inspected but not Subject to clause 7.3: copied;

(a) any intellectual property first lawfully (b) the time and location at which the created by a party in the course of Confidential Information may be undertaking the Permitted Purpose under inspected; and in accordance with these Terms and Conditions shall be owned by the party (c) whether, how and to what extent, copies who first created it; and or notes of the Confidential Information may be made;

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(d) the period for which the Confidential on the seventh Business Day after the Information is provided; date of posting if posted to or from a place outside Australia); (e) whether, when and how the Confidential Information is to be returned or destroyed (c) if it is sent by fax, as soon as the sender by you; receives from the sender's fax machine a report of an error free transmission to the (f) any other condition we think necessary. correct fax number;

We will do so in accordance with Our (d) if it is sent by email, upon the earlier of Information Sharing Protocol and the acknowledgement of receipt by the party Guideline, as required by law. to whom it is sent or four (4) hours after sending (unless the sender received an 8.2 Inconsistencies automated response advising the email was not delivered or received by the You must comply with the Special Conditions intended recipient), as contemplated by clause Error! Reference source not found., and the Special provided that if the delivery or receipt is not on Conditions prevail over the other provisions of a Business Day or is after 5.00pm on a these Terms and Conditions to the extent of Business Day, the notice is taken to be any inconsistency (to the extent permitted by received at 9.00am on the next Business Day. law). 11 General 9 Indemnity (a) These Terms and Conditions are You indemnify us against all loss, damage, governed by the law in force in the State liability, claims, cost or expense (including of Victoria. Each party submits to the legal expenses on a full indemnity basis) non-exclusive jurisdiction of the courts of resulting directly or indirectly from: that place and courts of appeal from them. (a) a breach of these Terms and Conditions by you or your Permitted Persons; or (b) A party may exercise a right or remedy or give or refuse its consent in any way it (b) any unauthorised use or disclosure by a considers appropriate (including by person who received the Confidential imposing conditions), unless these Terms Information from you or your Permitted and Conditions expressly state Persons. otherwise. 10 Notices (c) If a party does not exercise a right or remedy fully or at a given time, the party 10.1 Service may still exercise it later. All notices made under these Terms and (d) A party is not liable for loss caused by Conditions must be in writing, and signed by a the exercise or attempted exercise of, person duly authorised by the sender and failure to exercise, or delay in exercising hand delivered or sent by registered mail, fax a right or remedy under these Terms and or email to the recipient's address in the Conditions. Details (or an alternative address notified by the recipient to the sender in writing at least 2 Business Days’ in advance). (e) By giving its approval or consent a party does not make or give any warranty or representation as to any circumstance 10.2 Effective on receipt relating to the subject matter of the A notice given in accordance with clause 10.1 consent or approval. takes effect when it is taken to be received (or at a later time specified in it), and is taken to (f) The rights and remedies provided in be received: these Terms and Conditions are in addition to other rights and remedies (a) if hand delivered, on delivery; given by law independently of these Terms and Conditions. (b) if sent by registered post, on the third Business Day after the date of posting (or

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(g) Each indemnity in these Terms and Affiliated Entity means: Conditions is a continuing obligation, independent from your other obligations (a) United Energy Distribution Pty Limited under these Terms and Conditions and (ACN 064 651 029); continue after these Terms and Conditions end. It is not necessary for us (b) CitiPower Pty Ltd (ACN 064 651 056); to incur expense or make payment before enforcing a right of indemnity (c) Powercor Australia Limited (ACN 064 under these Terms and Conditions. 651 109);

(h) A provision of these Terms and (d) Multinet Gas (DB No 1) Pty Ltd (ABN Conditions or a right created under them, 66 086 026 986) and Multinet Gas (DB may not be waived or varied except in No 2) Pty Ltd (ABN 57 086 230 122) writing, signed by the party or parties to trading as Multinet Gas Distribution be bound. Partnership (ABN 53 634 214 009);

(i) The parties acknowledge and agree that (e) UE & Multinet Pty Ltd (ABN 31 093 273 these Terms and Conditions and the 851; performance of these Terms and Conditions do not represent or imply a (f) Powercor Network Services Pty Ltd partnership, agency, fiduciary (ACN 123 230 240); relationship, joint venture, distribution or any other category of commercial or (g) Energy Solutions Pty Ltd (ACN 610 914 personal relationship between the parties 059); recognised at law or in equity as giving rise to forms of specific rights and (h) CHED Services Pty Ltd (ACN 112 304 obligations. 622);

(j) These Terms and Conditions may be (i) any other ‘Related Body Corporate’ or executed in counterparts and need not ‘Related Entity’ (within the meaning of be signed by us in order to be binding on the Corporations Act) of the ours or of you. All counterparts when taken any other Affiliated Entity, in Australia together are to be taken to constitute one or New Zealand; instrument. (j) any member of the Cheung Kong (k) If any provision of these Terms and Infrastructure Limited group of Conditions is void, voidable, companies; and unenforceable or illegal, then it is to be severed from these Terms and (k) any member of the Power Assets Conditions and the remainder of these Holdings Limited group of companies. Terms and Conditions will continue with full force and effect. We may modify or Approved Purposes means for the purposes amend any provision of these Terms and of these Terms and Conditions, Our Conditions so that it is no longer void, Information Register, Our Information Sharing voidable, unenforceable or illegal to place Protocol, the Guideline or other reasonable or the parties in as similar a position as incidental purposes, including as possible if the provision was not void, contemplated in Our Privacy Policy and for voidable, unenforceable or illegal. the purposes of administering, performing or complying with the foregoing. (l) You may not assign any of your rights under these Terms and Conditions Background IP has the meaning given to that without our prior written consent. term in clause 7.3(a).

12 Definitions Business Day means any day other than a Saturday, Sunday or public holiday in Victoria. 12.1 Definitions In these Terms and Conditions (unless the Certified Cloud Services List means the list context otherwise requires): of "ASD Certified Cloud Services" or its equivalent as published periodically by the ADS means the Australian Signals Australian Government Department of Directorate. Defence, ASD.

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Confidential Information means all these Terms and Conditions or Our information (regardless of form) disclosed or Information Register. otherwise made available by us or our Permitted Persons (on our behalf) to you or Data Incident means any actual or your Permitted Persons in connection with suspected: these Terms and Conditions or Our Information Register, whether before, on or (a) breach of your obligations relating to after the date of these Terms and Conditions, protection of Protected Information under including (without limitation): these Terms and Conditions;

(a) ‘Confidential Information’ within the (b) unauthorised access to, or unauthorised meaning of clause 4.3 of the Guideline or disclosure of, any Protected Information; Our Information Sharing Protocol; and (c) loss of Protected Information, including (b) other information so made available where Protected Information is damaged (including information derived from other or corrupted so that it becomes unusable; Confidential Information) other than or information: (d) any complaint or investigation under, or (i) which is in or becomes part of the relating to, any of the laws, codes or public domain other than through a policies referred to in clauses 5.1(a) or breach of these Terms and 5.1(b). Conditions or an obligation of confidentiality owed to you or any of Corporations Act means the Corporations your Permitted Persons; Act 2001 (Cth).

(ii) which you can prove by Details mean the section of these Terms and contemporaneous written Conditions titled “Details”. documentation was already known to you (unless such knowledge End Date means the earlier of: arose from a breach of an obligation of confidentiality owed to us or any (a) the cancellation of your registration on of our Permitted Persons); Our Information Register; or

(iii) which was developed by you (b) (if you received the Confidential independently of any information Information pursuant to an entitlement to disclosed or made available by us or it under clause 4.3 of the Guideline or our Permitted Persons; or Our Information Sharing Protocol) when your entitlement to, or your Permitted (iv) which you acquire from a third party Purpose for, that Confidential Information entitled to disclose it, free of any ends. obligations of confidentiality to us or our Permitted Persons. Gateway Services means services that are certified by the Australian Government For the avoidance of doubt, the above Department of Defence, ASD. definition of Confidential Information does not extend our obligations, or your rights, under Government Agency means any the Guideline or Our Information Sharing governmental, semi-governmental, Protocol in respect of ‘Confidential administrative, fiscal, judicial or quasi-judicial Information’ (within the meaning of clause 4.3 body, department, commission, authority, of the Guideline) to Confidential Information tribunal, agency or entity. within the meaning of these Terms and Conditions. Guideline means the AER Ring Fencing Guideline (Electricity Distribution) version 2 Customer Data means information relating to October 2017, as varied or replaced from time a Relevant Company’s customers or end to time. users (including metered data and Personal Information) and other data maintained or Our Communications has the meaning given used by a Related Company in its business to that term in clause 2.6(a). which is acquired or accessible by you or your Permitted Persons under or in connection with

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Our Information Register means the Privacy Laws means the Privacy Act 1988 information register maintained by us in (Cth) and any other legally binding accordance with Our Information Sharing requirement under Australian law, industry Protocol and the Guideline. code, policy or statement relating to the handling of Personal Information. Our Information Sharing Protocol means the information sharing protocol maintained by Protected Information means all: us in accordance with the Guideline and published on our Website (as amended or (a) Customer Data; replaced by us from time to time). (b) Personal Information; and Our Privacy Policy means our privacy policy available on our Website (as amended or (c) data as to the quantum of electricity replaced by us from time to time). delivered (both historical and current load demand) from or to any one or more sites party means each of you and us. (or their connection points),

Permitted Persons of a party means: relating to or obtained in connection with a Relevant Company’s operations (which is (a) in respect of you: your officers, acquired or accessible by you or your employees, representatives and Permitted Persons under or in connection with professional advisers; and these Terms and Conditions or Our Information Register). (b) in respect of us: an Affiliated Entity or our (or our Affiliated Entities’) officers, Relevant Company means each of: employees, representatives and professional advisers. (a) United Energy Distribution Pty Limited (ACN 064 651 029); Permitted Purpose means the purposes expressly identified by us by notice in writing (b) Powercor Australia Ltd (ACN 064 651 to you from time to time (in accordance with 109); the Guideline and Our Information Sharing Protocol) as the purpose for which you may (c) SA Power Networks (ABN 13 332 330 use the relevant Confidential Information at a 749); and specified point in time, which: (d) CitiPower Pty Ltd (ACN 064 651 056). (a) is subject to the Special Conditions and these Terms and Conditions; and Special Conditions has the meaning given to that term in clause 8.1. (b) excludes any purpose that is not expressly identified in your registration on Start Date means the earlier of your request Our Information Register as your purpose to be registered on Our Information Register for that Confidential Information. and when Confidential Information is first provided or made available by us to you in For the avoidance of doubt, the Permitted connection with these Terms and Conditions Purpose does not include the purposes or Our Information Register. identified in your registration on Our Information Register, unless: Terms and Conditions means this deed poll (including the Permitted Purpose, Special (c) we are mandatorily required by the Conditions and any other terms and Guideline to allow you use the relevant conditions incorporated into or forming part of Confidential Information for that purpose this deed poll from time to time) as amended at the relevant time; or or replaced by us from time to time.

(d) that purpose is expressly identified by us us means the parties identified as “us” in the by notice in writing to you as a Permitted Details (except that one such party shall not Purpose for the relevant Confidential be liable for obligations, acts or omissions of Information at the relevant time. the other), and we and our have corresponding meanings. Personal Information has the meaning given in the Privacy Act 1988 (Cth).

CitiPower and Powercor: Information Register (Confidentiality Undertaking) 11 7 December 2017 Website means our website at: (f) (two or more persons) an agreement, https://www.powercor.com.au/ representation or warranty in favour of two or more persons is for the benefit of you means the party identified as “you” in the them jointly and each of them individually Details (and if no party is so specified, or the and an agreement, representation or party so specified is inconsistent with the warranty made by two or more persons party otherwise nominated in your registration binds each of them jointly and each of on Our Information Register, you shall only them individually; mean the party specified in your approved registration on Our Information Register), and (g) (reference to a group of persons) a your has the corresponding meaning. group of persons or things is a reference to any two or more of them jointly and to 12.2 Interpretation each of them individually (unless otherwise specified in these Terms and Unless the contrary intention appears, a Conditions); reference in these Terms and Conditions to: (h) (calculation of time) a period of time (a) (variations or replacement) a document dating from a given day or the day of an (including these Terms and Conditions) act or event, is to be calculated exclusive includes any variation or replacement of of that day; it; (i) (meaning not limited) the words (b) (clauses, annexures and schedules) a “including”, “for example” or “such as” clause, annexure or schedule is a when introducing an example, does not reference to a clause in or annexure or limit the meaning of the words to which schedule to these Terms and Conditions; the example relates to that example or examples of a similar kind; (c) (law) law means common law, principles of equity, and laws made by parliament (j) (deed poll) you acknowledge and agree (and laws made by parliament include that this deed poll is given in favour and State, Territory and Commonwealth laws for the benefit of us and our Permitted and regulations and other instruments Persons, and may be enforced by us, by under them, and consolidations, us on their behalf and/or directly by them amendments, re-enactments or (as permitted by us). replacements of any of them); 12.3 Headings (d) (singular includes plural) the singular includes the plural and vice versa; Headings (including those in brackets at the beginning of paragraphs) are for convenience (e) (person) the word “person” will include only and do not affect the interpretation of any type of entity or body of persons, these Terms and Conditions. whether or not it is incorporated or has a separate legal identity, and any executor, administrator or succession in law of the EXECUTED as a DEED POLL person;

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