Data protection and revocation instruction

Privacy statement according to the DSGVO

I. Name and address of the person responsible

The person responsible within the meaning of the basic data protection regulation and other national data protection laws of the member states as well as other data protection regulations is the:

 

HagerEnergy GmbH
Ursula-Flick-Straße 8
D-49076 Osnabrück
Deutschland

Tel.: +49 541 760268599
E-Mail: datenschutzbeauftragter@e3dc.com
Website: www.e3dc.com

 

II. Name and address of the data protection officer

The data protection officer of the responsible person is:

 

TÜV Informationstechnik GmbH
Unternehmensgruppe TÜV NORD
IT Security, Business Security & Privacy
Langemarckstrasse 20
D-45141 Essen

 

Tel.:   +49 201 – 8999-899
Fax:   +49 201 – 8999-666
E-Mail: privacyguard@tuvit.de

 

III. General information about data processing

1.  Scope of processing of personal data

In principle, we collect and use personal data of our users only to the extent necessary for the provision of a functional website and our content and services. The collection and use of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent cannot be obtained for reasons of fact and the processing of the data is permitted by law.

 

2.  Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as the legal basis for the processing of personal data.

In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO as legal basis. This also applies to processing operations required to carry out pre-contractual actions. Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, Art. 6 para. 1 lit. c DSGVO as legal basis.

In the case of vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f DSGVO as legal basis for processing.

 

3.  Data erasing and duration of storage

The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is deleted. In addition, such storing may take place if provided for the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.

 

IV.  Preparation of website and creation of logfiles

1.  Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer. The following data is collected here:

 

• Information about the browser type and version used

• The operating system of the user

• The IP address of the user

• Date and time of access

 

The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.

 

2.  Legal frame for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f. DSGVO.

 

3.  Purpose of data processing

The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user’s IP address must be kept for the duration of the session.

 

Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

 

For these purposes, our legitimate interest in the processing of data according to Art. 6 para. 1 lit. f DSGVO.

 

4.  Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.

In the case of storing the data in log files, this is the case after no more than seven days. An additional storage is possible. In this case, the IP addresses of the users are deleted or estranged, so that an assignment of the calling client is no longer possible.

 

5.  Opposition and removal possibility

The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.

 

V.  Use of Cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or the Internet browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser be identified even after a page switch. The following data is stored and transmitted in the cookies:

·  Type of device

·  Operating system of user

·  Screen size

We use cookies on our website that allow an analysis of users’ browsing behavior.

In this way, the following data can be transmitted:

 

• Information about the browser type and version used

• The operating system of the user

• The pseudonymized IP address of the user

• Date and time of access

• Entered search terms

• Frequency of page views

• Use of website features

 

The data of the users collected in this way are pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data will not be stored together with other personal data of the users.

When accessing our website, users are informed by an information banner about the use of cookies for analysis purposes and referred to this privacy policy. In this context, there is also an indication of how the storage of cookies in the browser settings can be prevented.

 

2. Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is the article 6 (1) lit. f DSGVO. The legal basis for the processing of personal data using cookies for analysis purposes is the consent of the user art. 6 para. 1 lit. a GDPR.

 

3. Purpose of data processing

The use of the analysis cookies is for the purpose of improving the quality of our website and its contents. Through the analysis cookies, we learn how the website is used and thereby we can constantly optimize our offer.

 

For these purposes, our legitimate interest in the processing of personal data pursuant to art. 6 para. 1 lit. f DSGVO.

 

4. Duration of storage, objection and disposal options

Cookies are stored on the computer of the user and transmitted by this on our side. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may not be possible to use all the functions of the website fully. You may explicitly opt out of your use of the Google Analytics cookie and the Facebook Pixel cookie via the opt-out links below and still use our website without restriction.

 

a)  Contradiction Google Analytics Cookie

You may prevent the collection by Google of the data generated by the cookie and related to your use of the website as well as the processing of this data by Google by using the link below

(tools.google.com/dlpage/gaoptout) Download and install the available browser plugin. Alternatively, you can prevent the collection by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent the future collection of your data when you visit this website: deactivate Google Analytics.

For more information about the terms of use and privacy, please see www.google.com/analytics/terms/us.html or use www.google.com/intl/en/analytics/privacyoverview.html.

Please note that on this website Google Analytics has been extended by the code “gat._anonymizeIp ();” in order to ensure the anonymized collection of IP addresses (so-called IP-Masking).

 

b)   Contradiction Facebook – Pixel

We use the “visitor action pixel” from Facebook Inc. 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). This way, users’ behavior can be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This process is designed to evaluate the effectiveness of Facebook advertisements for statistical and market research purposes and may help to optimize future advertising efforts.

The data collected is anonymous to us, so do not provide us with any conclusions about the identity of the users. However, the data is stored and processed by Facebook, so that a connection to the respective user profile is possible and Facebook can use the data for their own advertising purposes, according to the Facebook data usage directive (https://www.facebook.com/about/privacy/). You can enable Facebook and its affiliates to display ads on and off Facebook. It may also be stored for these purposes, a cookie on your computer. To prevent the capture by Facebook Pixel by clicking on the link below. An opt-out cookie will be set to prevent the future collection of your data when you visit this website: deactivate Facebook Pixel.

 

VI.  Newsletter

6.  Description and scope of data processing

If you are listed as an E3/DC trained installer and are able to distribute our storage, your deposited email address will subsequently be used by us for sending a newsletter. In such a case, the newsletter will only send direct mail for your own similar goods or services.

 

The newsletter is sent by the shipping service provider Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin, Germany. The privacy policy of the shipping service provider can be viewed here: https://de.sendinblue.com/datenschutz-uebersicht/. The shipping service provider is based on our legitimate interests acc. art. 6 para. 1 lit. f DSGVO and a contract processing agreement acc. art. 28 (3) sentence 1 DSGVO.

 

The shipping service provider may use the data of the recipients in pseudonymous form, i. without assignment to a user, to optimize or improve their own services, e.g. for the technical optimization of shipping and the presentation of newsletters or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to address them themselves or to pass the data on to third parties.

 

7.  Legal basis for data processing

The legal basis for sending the newsletter as a result of the sale of goods or services is § 7 Abs. 3 UWG.

 

8.  Purpose of data processing

The collection of the user’s e-mail address serves to deliver the newsletter.

 

The collection of other personal data in the context of the registration process serves to prevent misuse of the services or the email address used.

 

9.  Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The e-mail address of the user is therefore stored as long as the subscription to the newsletter is active.

 

10.  Opposition and removal possibility

Subscription to the newsletter may be terminated at any time by the user concerned. For this purpose, there is a corresponding link in each newsletter.

 

VII.  Trade Fair Leads

 

1. description and scope of data processing

At trade fairs in which E3/DC participates, contact details of interested parties are noted using contact forms with the agreement of the interested party.

The personal data recorded on the contact form are:

– first name and surname

– function

– street and housenumber

– location

– postcode (zip code)

– country

– e-mail

– phone number

 

Your agreement for the processing of the data will be obtained on the contact form and it will be made reference to this data protection declaration.

The data will not be passed on to third parties without the explicit consent of the user. The data will be used exclusively for the processing of the contact.

2. legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a of the DSGVO if the user has given his consent.

3. purpose of data processing

The processing of the personal data from the contact form serves exclusively for the processing of the contact.

4. duration of storage

User data can be stored in a customer relationship management system (“CRM system”) or a comparable system for processing inquiries. We delete the requests when they are no longer necessary. We review the requirement every second year. Furthermore, the statutory archiving obligations apply.

5. possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can disagree to the storage of his personal data at any time. In this case, the conversation cannot be continued.

The revocation of the consent as well as the contradiction of the storage should happen by e-mail to the above-mentioned address. All personal data stored in the process of contact will be deleted in this case.

 

VIII. Contact form and e-mail contact

1.  Description and scope of data processing

On our website are several contact forms available, which can be used for electronic contact. If a user was one of these options, the data entered in the input mask will be transmitted to us and saved. These data are:

 

• First and Last Name

• Street and house number

• place

• ZIP Code

• country

• E-mail

• telephone

• free text field

 

At the time of sending the message, the following data is also stored:

·  Date and time of sending

For the processing of the data in the context of the sending process your consent is obtained and referred to this privacy statement. Alternatively, contact via the provided e-mail address is possible. In this case, the user’s personal data transmitted by e-mail will be stored.

 

It pursues, without explicit consent of the user, no disclosure of data to third parties. The data is used exclusively for processing the conversation.

 

2.  Legal basis for data processing

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.

 

The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f DSGVO. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

 

3.  Purpose of the data processing

The processing of the personal data from the input mask serves us only to process the contact. In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

 

4.  Duration of storage

User information can be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization.

We delete the requests, if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.

 

The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.

 

5.  Opposition and removal possibility

The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation cannot continue.

 

The revocation of the consent as well as the opposition of the storage should be done by e-mail to the above e-mail address.

 

All personal data stored in the course of contacting will be deleted in this case.

 

IX.  Applications

The submitted application documents will be forwarded to selected employees in the course of the assessment. All information is kept strictly confidential and only in the context of the selection process. Your application will be automatically deleted after filling the position according to the statutory retention requirements. By submitting your application, you hereby agree.

 

X.  SSL-encryption

This site uses SSL encryption for security reasons and to protect the transmission of sensitive content, such as the requests you send to us as the site operator. You can recognize an encrypted connection by changing the address line of the browser from “http: //” to “https: //” and the lock symbol in your browser line. If SSL encryption is enabled, the data you submit to us cannot be read by third parties.

 

XI.  Implementation of services and content of third

Based on our legitimate interests (interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), we make use of content or services offered by third-party providers in order to provide their content and services, such as Include videos or fonts (collectively referred to as “content”).

 

This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes.

The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.

 

6.  Youtube

We implement videos of the platform “YouTube” from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Data protection declaration: https://policies.google.com/privacy?hl=en
Opt-Out: https://adssettings.google.com/authenticated

 

7.  Google Fonts

We implement fonts (“Google Fonts”) by the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ein.

Data protection declaration: https://policies.google.com/privacy?hl=en

Opt-Out: https://adssettings.google.com/authenticated

 

8.  Google ReCaptcha

We implement the function of recognizing Bots, e.g. while filling out online documents (“ReCaptcha”) by the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ein.

Data protection declaration: https://policies.google.com/privacy?hl=en

Opt-Out: https://adssettings.google.com/authenticated.

 

9.  Google Maps

We include maps from the Google Maps service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, users’ IP addresses and location data, but these are not collected without their consent (usually as part of the settings of their mobile devices). The data can be processed in the USA.

Data protection declaration: https://policies.google.com/privacy?hl=en

Opt-Out: https://adssettings.google.com/authenticated.

 

XII.  Social media content

We maintain online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.

 

Unless otherwise stated in our Privacy Policy, we process users’ data as long as they communicate with us within social networks and platforms, e.g. Write posts on our online presence or send us messages.

 

XIII.  Rights of the data subject

If you process personal data, you are according to DSGVO and you have the following rights to the person responsible:

 

1.  Right to information

You may ask the person in charge to confirm if personal data concerning you is processed by us.

If such processing is available, you can request information from the person responsible about the following information:

(1)  the purposes for which the personal data are processed;

(2)  the categories of personal data that are processed;

(3)  the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;

(4)  the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;

(5)  the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;

(6)  the existence of a right of appeal to a supervisory authority;

(7)  all available information on the source of the data if the personal data are not collected from the data subject;

(8)  the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject.

You have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with. Art. 46 GDPR in connection with the transfer.

 

2.  Right of correction

You have a right to rectification and / or completion to the controller, if the personal data you process is incorrect or incomplete. The responsible person must make the correction without delay.

 

3.  Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

(1)  if you contest the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;

(2)  the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;

(3)  the responsible person no longer requires personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or

(4)  if you objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible prevail over your reasons.

If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest Union or a Member State.

If the limitation of the processing based on the above mentioned conditions are restricted, you will be informed by the person in charge before the restriction is lifted.

 

4.  Right of erasing

a)  deletion of duty

You may require the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is true:

(1)  Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

(2)  You revoke your consent to the processing according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. DSGVO and there is no other legal basis for processing.

(3)  You claim based on Art. 21 para. 1 DSGVO objection to the processing and there are no prior justifiable reasons for the processing, or you lay gem. Art. 21 para. 2 DSGVO Opposition to processing.

(4)  Your personal data has been processed unlawfully.

(5)  The deletion of personal data concerning you is required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6)  The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

b)  Information for third parties

If the person in charge has made the personal data concerning you public and is acc. Article 17 (1) of the GDPR, it shall take appropriate measures, including technical means, to inform data controllers who process the personal data that you have been identified as being affected, taking into account available technology and implementation costs Persons requesting deletion of all links to such personal data or of copies or replications of such personal data.

 

c)  Exceptions

The right to erasure does not exist if the processing is necessary

(1)  to exercise the right to freedom of expression and information;

(2)  to fulfill a legal obligation required by the law of the Union or of the Member States to which the controller is subject, or to carry out a task of public interest or in the exercise of official authority conferred on the controller;

(3)  for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;

(4)  for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or

(5)  to assert, exercise or defend legal claims.

 

5.  Right to information

If you have the right of rectification, erasure or restriction of processing to the controller, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.

You have a right to the person responsible to be informed about these recipients.

 

6.  Right of Data Portability

You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that

 

(1)  the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a DSGVO or on a contract acc. Art. 6 para. 1 lit. b DSGVO is based and

(2)  the processing is done using automated procedures.

In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.

 

7.  Right of opposition

You have the right at any time, for reasons that arise from your particular situation, against the processing of your personal data, which pursuant to Art. 6 para. 1 lit. e or f DSGVO takes an objection; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.

 

8.  Right to revoke the data protection consent declaration

You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

 

9.  Automated decision on a case-by-case basis, including profiling

You have the right not to be subjected to a decision based solely on automated processing – including profiling – that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision

(1)  is required for the conclusion or performance of a contract between you and the controller,

(2)  is permissible on the basis of Union or Member State legislation to which the controller is subject, and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or

(3)  with your express consent.

However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g and reasonable measures have been taken to protect the rights and freedoms and your legitimate interests.

With reference to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to uphold the rights and freedoms and their legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and heard on challenge of the decision.

 

10.  Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of its residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the DSGVO violates.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.