Terms of use

In these Terms:

"Project Data" means non-public information that you or your Authorised Users enter, upload, submit, confirm, or otherwise provide through Beacon about an actual or potential project, including:

• its location or connection point;
• technology, capacity, and configuration;
• development, consenting, connection, and delivery stage;
• expected milestones and timing;
• ownership, participation, or commercial status;
• contracted, committed, merchant, or available share;
• contract price, build cost, and other cost or revenue assumptions;
• project assumptions, notes, corrections, and supporting information; and
• information directly inferred by Lumere from those non-public inputs.

"Derived Intelligence" means statistical, analytical, aggregated, or de-identified information, models, measures, relationships, trends, indexes, scores, classifications, benchmarks, reports, and insights developed by or for Lumere that:

1. do not reproduce or disclose identifiable Project Data; and
2. are not reasonably capable of being used, alone or together with other information reasonably available to the intended recipient, to identify you, your organisation, or an individual project.

"Lumere Materials" means the Platform, Methodology, software, database design and structure, workflows, taxonomies, classifications, analytical techniques, models, algorithms, scoring systems, Outputs, and other materials developed or provided by or for Lumere, including Derived Intelligence.

As between you and Lumere, you retain all rights and interests you may have in your Project Data.

You must have the authority and any permissions necessary to:

1. provide the Project Data to Lumere;
2. allow Lumere to use the Project Data as described in these Terms; and
3. provide any personal information contained in the Project Data.

You must not provide personal information about landowners, employees, advisers, counterparties, or other individuals unless it is reasonably necessary, lawful, and you are authorised to provide it.

You grant Lumere a non-exclusive, worldwide, royalty-free licence to host, copy, store, process, analyse, transform, and otherwise use your Project Data as reasonably necessary to:

1. operate Beacon and provide its features and Outputs to you;
2. administer, support, and secure your account;
3. maintain the security, integrity, availability, and reliability of the Platform;
4. identify and resolve errors, duplication, data-quality issues, misuse, and security risks;
5. evaluate, validate, calibrate, test, develop, and improve the Platform, Methodology, Lumere Materials, and Lumere's products and services;
6. develop and improve statistical, analytical, and machine-learning models used by or for Lumere;
7. create Derived Intelligence in accordance with clause 5;
8. comply with applicable law and enforce these Terms; and
9. establish, exercise, or defend legal rights.

Lumere may analyse Project Data at project level within Lumere's controlled internal environment for these purposes.

Lumere may permit its personnel, contractors, and service providers to process Project Data on Lumere's behalf where they reasonably need access for a permitted purpose and are subject to appropriate confidentiality, privacy, security, or data-protection obligations.

This clause does not permit Lumere to disclose identifiable Project Data externally except as expressly permitted by these Terms or separately and expressly authorised by you.

Lumere will treat identifiable Project Data as your confidential information, whether or not it is personal information under the Privacy Act 2020.

Lumere will not make your identifiable Project Data available to other Beacon users or disclose it to another person except:

1. to Lumere personnel, contractors, and service providers who reasonably need it for a purpose permitted by these Terms and are subject to appropriate obligations;
2. to Lumere's professional advisers who are bound by confidentiality;
3. where you separately and expressly authorise the disclosure;
4. where the relevant information is excluded from Project Data under clause 8;
5. in connection with a proposed corporate transaction, financing, restructuring, or sale of Lumere or its business, provided the recipient is subject to appropriate confidentiality obligations; or
6. where disclosure is required by law, a court, or a competent regulatory or governmental authority.

Lumere will apply reasonable technical and organisational safeguards appropriate to the volume, nature, and commercial sensitivity of the Project Data.

Lumere may combine Project Data with information from:

• other users and projects;
• Lumere Materials;
• public sources;
• third-party sources Lumere is lawfully entitled to use; and
• other information lawfully held by Lumere,

to create Derived Intelligence.

Lumere may use, copy, reproduce, analyse, transform, combine, further develop, supply, publish, license, and commercialise Derived Intelligence for Lumere's business purposes, including by incorporating it into:

1. Beacon and other Lumere products or services;
2. subscriptions and membership products;
3. market reports and briefings;
4. custom research and advisory services;
5. benchmarks, indexes, rankings, classifications, and scores;
6. dashboards and software features;
7. analytical and machine-learning models;
8. APIs, data feeds, and data products;
9. investment, infrastructure, energy, and electricity-market intelligence; and
10. products or services provided to Lumere's customers, partners, advisers, investors, financial institutions, energy-sector participants, network businesses, government bodies, or other lawful recipients.

Lumere may charge fees and retain revenue from the use, supply, licensing, or commercialisation of Derived Intelligence. Except where Lumere separately agrees otherwise in writing, you are not entitled to payment, royalties, revenue sharing, attribution, approval rights, or an ownership interest in Derived Intelligence.

Lumere will externally disclose or commercialise Derived Intelligence created from Project Data only where the information:

1. does not identify you, your organisation, or an individual project;
2. is not reasonably capable of being used, alone or together with other information reasonably available to the intended recipient, to identify you, your organisation, or an individual project;
3. combines or transforms information at a level Lumere reasonably determines is appropriate to protect against re-identification; and
4. satisfies Lumere's applicable disclosure-control standards.

Lumere's disclosure controls may include:

• minimum project and contributor counts;
• geographic, technological, or temporal grouping;
• capacity, date, stage, and commercial-status bands;
• rounding and suppression;
• project and customer concentration limits;
• project-dominance limits;
• differencing and comparison controls;
• controls addressing information available to the intended recipient; and
• human review of higher-risk disclosures.

Satisfying a minimum project count does not by itself mean information is sufficiently de-identified. Lumere may suppress, broaden, delay, round, or decline to release information where a project could reasonably be identified because of its location, scale, technology, timing, stage, contribution to a total, or combination with other information.

Lumere will not use Derived Intelligence as a means of reconstructing a user's confidential portfolio or revealing one user's non-public Project Data to another user.

Lumere will not sell, publish, license, or disclose your identifiable Project Data as project-level market intelligence, or make it available in a manner that allows another Beacon user or third party to identify or reasonably infer it, unless you separately and expressly authorise that use or disclosure.

Your express authorisation may allow Lumere to:

1. publish or list an identified project;
2. present the project to potential investors, lenders, purchasers, partners, contractors, advisers, or offtakers;
3. provide project-level screening information to authorised recipients;
4. facilitate introductions, enquiries, transactions, or other commercial opportunities; and
5. operate an opt-in project marketplace, opportunity register, data room, or transaction service.

Any such authorisation may specify:

• the Project Data that may be disclosed;
• the recipients or classes of recipients;
• the permitted purposes;
• the duration of the authorisation;
• whether the project or organisation may be named;
• applicable confidentiality or access controls;
• how the authorisation may be withdrawn; and
• any listing, subscription, introduction, transaction, success, or other fees payable to Lumere.

Accepting these general Terms does not, by itself, constitute express authorisation for identifiable project-level exposure under this clause.

Withdrawal of authorisation applies prospectively and does not require Lumere to recall information lawfully disclosed before the withdrawal, unless Lumere has separately agreed otherwise.

Project Data does not include information that Lumere can demonstrate:

1. was lawfully available to the public, other than through a breach of confidence, privacy obligation, contract, or law;
2. was lawfully known to Lumere without restriction before it was provided through Beacon;
3. was independently developed by or for Lumere without using your confidential Project Data; or
4. was lawfully obtained by Lumere from another source without a duty of confidence or applicable use restriction.

Nothing in these Terms restricts Lumere from collecting, storing, reproducing, analysing, combining, transforming, publishing, licensing, or commercialising information obtained from public or independent sources, subject to:

• applicable law;
• source licences;
• attribution requirements;
• intellectual-property rights;
• privacy obligations; and
• other applicable use restrictions.

You do not obtain rights over public or independently sourced information merely because you enter, upload, confirm, correct, monitor, or reproduce the same or similar information in Beacon.

However, unless independently public or separately and expressly authorised by you, Lumere will continue to treat the following as confidential:

1. the fact that you or your organisation entered, claimed, confirmed, corrected, monitored, evaluated, or associated itself with a project;
2. any non-public additions, corrections, commentary, assumptions, assessments, or commercial information that you provide;
3. any difference between the public information and the information you provide; and
4. any inference about your organisation's intentions, involvement, interests, strategy, or commercial position arising from your use of Beacon.

The public availability of some fields within a project record does not cause the entire project record to become public.

Lumere and its licensors own all rights, title, and interests in the Lumere Materials and Derived Intelligence developed by or for Lumere.

This includes rights in Lumere's:

• selection and arrangement of information;
• databases and data structures;
• classifications and taxonomies;
• analytical models and methodologies;
• calibrations and weightings;
• benchmarks and indexes;
• scores and rankings;
• statistical relationships, trends, and insights;
• software, interfaces, and workflows; and
• commercial reports, products, services, and Outputs.

Lumere's ownership of Derived Intelligence does not give Lumere ownership of your identifiable Project Data merely because Lumere stores, processes, combines, or analyses that data.

You receive only the rights to use Lumere Materials and Outputs expressly granted under these Terms, your subscription, or an applicable written order form.

Lumere may use Project Data within its controlled internal environment to develop, test, validate, calibrate, train, and improve statistical, analytical, and machine-learning models used by or for Lumere.

Lumere will not knowingly:

1. disclose identifiable Project Data through a model output;
2. make identifiable Project Data available to an unauthorised third party for that third party's independent purposes; or
3. commercialise a model or model output that is reasonably capable of reproducing or revealing identifiable Project Data,

unless you have separately and expressly authorised that use or disclosure.

Lumere may use and commercialise models, parameters, statistical relationships, evaluations, and other Derived Intelligence resulting from model development where those materials satisfy the requirements of clauses 5 and 6.

You may request deletion of your identifiable Project Data.

Subject to the remainder of this clause, Lumere will delete or irreversibly de-identify that Project Data within a reasonable period after receiving and verifying the request.

Lumere may retain Project Data for as long as reasonably required to:

1. provide the Platform and Outputs;
2. comply with legal, tax, financial, or regulatory obligations;
3. maintain security and investigate misuse or incidents;
4. resolve disputes and enforce these Terms;
5. establish, exercise, or defend legal rights; or
6. complete Lumere's normal secure backup-retention cycle.

Project Data remaining temporarily in secure backups must not be used for ordinary commercial purposes and may be retained until it is deleted or overwritten through Lumere's normal backup cycle.

A deletion request does not require Lumere to delete:

1. information separately and lawfully obtained from a public or independent source;
2. Lumere's independent analysis of public or independently sourced information;
3. Derived Intelligence created before the request, provided it continues to satisfy clauses 5 and 6;
4. records Lumere is legally required or reasonably entitled to retain; or
5. information already lawfully disclosed under your separate and express authorisation, subject to any applicable withdrawal terms.

Lumere may retain and continue using qualifying Derived Intelligence after the source Project Data has been deleted.

Lumere is not required to:

• reverse or reconstruct a model, benchmark, statistic, index, score, report, or other Derived Intelligence produced before deletion;
• recall Derived Intelligence or information lawfully supplied to a recipient;
• remove a project's contribution from information in which that contribution can no longer reasonably be isolated or identified; or
• recreate historical reports or time series as if the Project Data had never been included.

These exceptions do not apply to information that remains reasonably capable of identifying you, your organisation, or an individual project and is not otherwise permitted to be retained under these Terms or applicable law.

Lumere will not retain or disclose your confidential association with public or independently sourced information merely because Lumere is entitled to retain the underlying public information.

Where Project Data contains personal information, Lumere will handle that information in accordance with:

• the Privacy Act 2020;
• Lumere's Privacy Policy; and
• any other applicable privacy or data-protection obligations.

Nothing in these Terms causes information to cease being personal information merely because Lumere labels it aggregated, de-identified, anonymised, statistical, or Derived Intelligence.

Information will be treated as no longer identifiable only where it is not reasonably capable of identifying an individual in the relevant circumstances, including when considered together with other information reasonably available to the intended recipient.

Lumere may retain and use information that no longer identifies and is not reasonably capable of identifying an individual, subject to its other contractual obligations concerning the identification of organisations and projects.

Lumere's rights in:

• Lumere Materials;
• Derived Intelligence;
• public and independently sourced information;
• models, methodologies, benchmarks, and analytical techniques; and
• qualifying statistical, aggregated, and de-identified information,

survive deletion of Project Data and termination or expiry of your account, subscription, or these Terms.

Lumere's confidentiality, security, privacy, and disclosure-control obligations also survive to the extent they apply to Project Data or other protected information retained by Lumere.