We hereby inform you, in accordance with the legal requirements of data protection law (in particular, in accordance with the new BDSG and the European General Data Protection Regulation “GDPR”), about the type, scope, and purpose of the processing of personal data by our company.
This privacy policy also applies to our websites and social media profiles. For definitions of terms such as “personal data” or “processing,” we refer to Art. 4 GDPR.
Name and Contact Information of the Controller
Our Controller (hereinafter referred to as the “Controller”) within the meaning of Art. 4 No. 7 GDPR is: Switzerland Green Energy GmbH Christian Preinfalk Uttigenstraße 30 CH-3600 THUN Email address: info@sgreeneng.eu
Data Protection Officer Bodo Oepen Paulstraße 91 DE-52353 Düren bodo.oepen@it24web.net
Types of Data, Purposes of Processing and Categories of Data Subjects
Below we inform you about the type, scope and purpose of the collection, processing and use of personal data.
- Types of data we process Usage data (access times, visited websites, etc.), master data (name, address, etc.), contact data (telephone number, email, fax, etc.), payment data (bank details, account data, payment history, etc.), contract data (subject matter of the contract, term, etc.), content data (text entries, videos, photos, etc.), communication data (IP address, etc.).
- Purposes of processing according to Art. 13 para. 1 c) GDPR Processing of contracts, purposes of evidence / securing evidence, technical and economic optimization of the website, facilitating access to the website, fulfillment of contractual obligations, contact in the event of legal objections by third parties, fulfillment of statutory retention obligations, optimization and statistical evaluation of our services, improving user experience, designing the website in a user-friendly manner, marketing / sales / advertising, creation of statistics, prevention of SPAM and abuse, customer service and customer care, processing of contact inquiries, providing websites with functions and content, security measures, uninterrupted and secure operation of our website.
- Categories of data subjects according to Art. 13 para. 1 e) GDPR Visitors/users of the website, customers, interested parties. The data subjects are collectively referred to as “users”.
Legal Bases for the Processing of Personal Data
Below we inform you about the legal bases for the processing of personal data:
- If we have obtained your consent for the processing of personal data, Art. 6 para. 1 sentence 1 lit. a) GDPR serves as the legal basis.
- If the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures taken at your request, Art. 6 para. 1 sentence 1 lit. b) GDPR serves as the legal basis.
- If the processing is necessary to fulfill a legal obligation to which we are subject (e.g. statutory retention obligations), Art. 6 para. 1 sentence 1 lit. c) GDPR serves as the legal basis.
- If the processing is necessary to protect the vital interests of the data subject or another natural person, Art. 6 para. 1 sentence 1 lit. d) GDPR serves as the legal basis.
- If the processing is necessary to safeguard our legitimate interests or those of a third party and your interests or fundamental rights and freedoms do not override these, Art. 6 para. 1 sentence 1 lit. f) GDPR serves as the legal basis.
Disclosure of Personal Data to Third Parties and Processors
We generally do not pass on data to third parties without your consent. If this does occur, the disclosure is based on the legal bases mentioned above, for example when data is passed on to online payment providers for the purpose of fulfilling the contract or on the basis of a court order or due to a legal obligation to disclose the data for the purpose of criminal prosecution, averting danger or enforcing intellectual property rights.
We also use processors (external service providers, e.g. for hosting our websites and databases) to process your data. If data is passed on to processors within the framework of a data processing agreement, this is always done in accordance with Art. 28 GDPR. We carefully select our processors, monitor them regularly and have secured the right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and comply with the data protection regulations pursuant to the new BDSG and the GDPR.
Data Transfer to Third Countries
With the adoption of the European General Data Protection Regulation (GDPR), a uniform basis for data protection in Europe has been created. Your data is therefore primarily processed by companies to which the GDPR applies. If processing is carried out by third-party services outside the European Union or the European Economic Area, these must meet the special requirements of Art. 44 et seq. GDPR. This means that the processing takes place on the basis of special guarantees, such as an official determination by the EU Commission of a level of data protection corresponding to that of the EU or compliance with officially recognized special contractual obligations, the so-called “Standard Contractual Clauses”.
Insofar as we obtain your explicit consent for the transfer of data to the USA pursuant to Art. 49 para. 1 sentence 1 lit. a) GDPR due to the invalidity of the so-called “Privacy Shield”, we point out the risk of secret access by US authorities and the use of the data for surveillance purposes, possibly without legal remedies for EU citizens.
Deletion of Data and Storage Period
Unless otherwise stated in this privacy policy, your personal data will be deleted or blocked as soon as you withdraw the consent given for processing or the purpose for storage ceases to apply or the data are no longer required for the purpose, unless their further storage is required for evidence purposes or statutory retention obligations prevent deletion. This includes, for example, commercial retention obligations for business letters pursuant to § 257 para. 1 HGB (6 years) and tax retention obligations pursuant to § 147 para. 1 AO for receipts (10 years). Once the prescribed retention period has expired, your data will be blocked or deleted, unless storage is still required for the conclusion or performance of a contract.
Existence of Automated Decision-Making
We do not use automated decision-making or profiling.
Provision of Our Website and Creation of Log Files
- If you use our website purely for informational purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data: • IP address; • Internet service provider of the user; • Date and time of the request; • Browser type; • Language and browser version; • Content of the request; • Time zone; • Access status/HTTP status code; • Data volume; • Websites from which the request originates; • Operating system. These data are not stored together with other personal data relating to you.
- These data serve the purpose of providing you with our website in a user-friendly, functional and secure manner with functions and content, as well as optimizing and statistically evaluating it.
- The legal basis for this is our legitimate interest in data processing pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR, which also lies in the purposes stated above.
- For security reasons, we store this data in server log files for a period of 30 days. After this period has expired, the data is automatically deleted, unless we need to retain it for evidence purposes in the event of attacks on the server infrastructure or other legal violations.
Cookies
- We use so-called cookies when you visit our website. Cookies are small text files that your internet browser stores on your computer. When you visit our website again, these cookies provide information to automatically recognize you. Cookies also include so-called “user IDs”, where user information is stored by means of pseudonymized profiles. When you access our website, we inform you about the use of cookies for the purposes mentioned above and how you can object to them or prevent their storage (“opt-out”) by means of a notice on our privacy policy. The following types of cookies are distinguished: • Necessary, essential cookies: Essential cookies are cookies that are absolutely necessary for the operation of the website in order to store certain functions of the website such as logins, shopping cart or user entries (e.g. regarding the language of the website). • Session cookies: Session cookies are required to recognize multiple uses of an offer by the same user (e.g. when you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information obtained in this way serves to optimize our offers and to enable you easier access to our site. When you close the browser or log out, the session cookies are deleted. • Persistent cookies: These cookies remain stored even after the browser is closed. They serve to store logins, for reach measurement and for marketing purposes. These are automatically deleted after a specified period, which may vary depending on the cookie. You can delete the cookies at any time in the security settings of your browser.
- • Third-party cookies (in particular from advertisers): You can configure your browser settings according to your wishes and, for example, reject the acceptance of third-party cookies or all cookies. However, we would like to point out that you may then not be able to use all functions of this website. Please refer to the respective privacy policies of the third-party providers for more information on these cookies.
- Data categories: User data, cookie, user ID (in particular the pages visited, device information, access times and IP addresses).
- Purposes of processing: The information obtained in this way serves the purpose of technically and economically optimizing our web offerings and enabling you to access our website more easily and securely.
- Legal bases: If we process your personal data with the help of cookies on the basis of your consent (“opt-in”), Art. 6 para. 1 sentence 1 lit. a) GDPR is the legal basis. Otherwise, we have a legitimate interest in the effective functionality, improvement and economic operation of the website, so that in this case Art. 6 para. 1 sentence 1 lit. f) GDPR is the legal basis. In addition, Art. 6 para. 1 sentence 1 lit. b) GDPR is the legal basis if the cookies are set for the initiation of a contract, e.g. when placing orders.
- Storage period / deletion: The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of data collected to provide the website, this is the case when the respective session has ended. Otherwise, cookies are stored on your computer and transmitted to our site from there. As a user, you therefore have full control over the use of cookies. You can disable or restrict the transmission of cookies by changing the settings in your internet browser. You can delete already stored cookies at any time. This can also be done automatically. If cookies are disabled for our website, it may no longer be possible to use all functions of the website to their full extent. You can find information on how to delete cookies in the following browsers: Chrome: https://support.google.com/chrome/answer/95647 Safari: https://support.apple.com/de-at/guide/safari/sfri11471/mac Internet Explorer: https://support.microsoft.com/de-at/help/17442/windows-internet-explorer-delete-manage-cookies Microsoft Edge: https://support.microsoft.com/de-at/help/4027947/windows-delete-cookies Firefox: https://support.mozilla.org/de/kb/cookies-und-website-daten-in-firefox-loschen
- Objection and “Opt-Out”: You can generally prevent the storage of cookies on your hard drive independently of consent or legal permission by selecting “do not accept cookies” in your browser settings. However, this may result in a restriction of the functionality of our offers. You can object to the use of third-party cookies for advertising purposes via an “opt-out” on this American website or this European website.
Use of Blog Functions / Comments
- You can post public comments in our blog, which contains articles on topics of our website. You can use a pseudonym instead of your real name. Your contribution will then be published under the pseudonym. Providing your email address is mandatory; all other information is voluntary.
- When you post a comment, we store your IP address along with the date and time, which we delete after 30 days. The storage serves the legitimate interest of defending against claims by third parties in the event that you publish illegal or untrue content. We store your email address for the purpose of contacting you if third parties legally object to your comments.
- The legal bases are Art. 6 para. 1 sentence 1 lit. b) and f) GDPR.
- We do not check your comments before publication. In the event of objections by third parties, we reserve the right to delete your comments. We do not pass on the data to third parties unless it is necessary to pursue our claims or there is a legal obligation (Art. 6 para. 1 sentence 1 lit. c) GDPR).
- The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected or to perform the contract, because the contract has ended.
Contact via Contact Form / Email / Fax / Post
- When you contact us via contact form, fax, post or email, your details will be processed for the purpose of handling your contact request.
- The legal basis for the processing of the data is Art. 6 para. 1 sentence 1 lit. a) GDPR if you have given your consent. The legal basis for the processing of data transmitted in the course of a contact request or email, letter or fax is Art. 6 para. 1 sentence 1 lit. f) GDPR. The controller has a legitimate interest in processing and storing the data in order to be able to answer user inquiries, for the purpose of providing evidence in liability matters and, if necessary, to comply with its statutory retention obligations for business letters. If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b) GDPR.
- We may store your details and contact request in our Customer Relationship Management system (“CRM system”) or a comparable system.
- The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the contact form input mask and those sent by email, this is the case when the respective conversation with you has ended. The conversation is deemed to have ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified. Inquiries from users who have an account or contract with us are stored until two years after termination of the contract. In the case of statutory archiving obligations, deletion takes place after expiry: end of commercial (6 years) and tax (10 years) retention obligations.
- You have the option at any time to withdraw your consent pursuant to Art. 6 para. 1 sentence 1 lit. a) GDPR to the processing of personal data. If you contact us by email, you can object to the storage of the personal data at any time.
Contact by Telephone
- When contacting us by telephone, your telephone number is processed for the purpose of handling and processing the contact request and is temporarily stored or displayed in the RAM/cache of the telephone device/display. The storage is carried out for liability and security reasons in order to be able to provide proof of the call and for economic reasons in order to enable a callback. In the case of unauthorized advertising calls, we block the numbers.
- The legal basis for the processing of the telephone number is Art. 6 para. 1 sentence 1 lit. f) GDPR. If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b) GDPR.
- The device cache stores the calls for 30 days and successively overwrites or deletes old data. When the device is disposed of, all data is deleted and the memory may be destroyed. Blocked telephone numbers are checked annually to determine whether blocking is still necessary.
- You can prevent the display of the telephone number by calling with a suppressed telephone number.
YouTube Videos
- We have integrated YouTube videos from youtube.com on our website using the embedded function so that they can be accessed directly on our website. YouTube is part of Google Ireland Limited, Register No.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland.
- Data category and description of data processing: Usage data (e.g. website accessed, content and access times). We have embedded the videos in the so-called “extended data protection mode” without cookies being used to record user behavior in order to personalize video playback. Instead, video recommendations are based on the currently playing video. Videos played in the extended data protection mode in an embedded player do not affect which videos are recommended to you on YouTube. When you start a video (click on the video), you consent to YouTube tracking the information that you have accessed the relevant subpage or the video on our website and using this data for advertising purposes.
- Purpose of processing: Provision of a user-friendly offer, optimization and improvement of our content.
- Legal bases: If you have given your consent for the processing of your personal data by means of “etracker” from the third-party provider (“opt-in”), Art. 6 para. 1 sentence 1 lit. a) GDPR is the legal basis. In addition, the legal basis is our legitimate interest in the data processing pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR, which lies in the purposes stated above. For services provided in connection with a contract, tracking and analysis of user behavior is carried out in accordance with Art. 6 para. 1 sentence 1 lit. b) GDPR in order to be able to offer optimized services for fulfilling the purpose of the contract with the information obtained.
- Data transfer / recipient category: Third-party provider in the USA. The data obtained is transferred to the USA and stored there. This also occurs without a Google user account. If you are logged into your Google account, Google can assign the above data to your account. If you do not want this, you must log out of your Google account. Google creates user profiles from such data and uses this data for the purposes of advertising, market research or optimization of its websites.
- Storage period: Cookies up to 2 years or until deletion of the cookies by you as the user.
- Objection: You have the right to object to the creation of user profiles vis-à-vis Google. Please contact Google directly using the privacy policy listed below. You can make an opt-out objection regarding advertising cookies here in your Google account: https://adssettings.google.com/authenticated.
- You can find further information on the use of Google cookies and their advertising technologies, storage period, anonymization, location data, functionality and your rights in YouTube’s Terms of Service at https://www.youtube.com/t/terms and in Google’s Advertising Privacy Policy at https://policies.google.com/technologies/ads. Google’s general privacy policy: https://policies.google.com/privacy.
Social Media Plug-ins
- We use social media plug-ins from social networks on our website. We use the so-called “two-click solution” Shariff from c’t / heise.de: https://www.heise.de/ct/artikel/Shariff-Social-Media-Buttons-mit-Datenschutz-2467514.html; Service provider: Heise Medien GmbH & Co. KG, Karl-Wiechert-Allee 10, 30625 Hannover, Germany; Privacy policy: https://www.heise.de/Datenschutzerklaerung-der-Heise-Medien-GmbH-Co-KG-4860.html.
- Data category and description of data processing: Usage data, content data, master data. When our website is accessed, “Shariff” does not transmit any personal data to the third-party providers of the social plug-ins. In addition to the logo or brand of the social network, you will find a slider with which you can activate the plug-in by clicking. This activation constitutes your consent in the form that the respective provider of the social network receives the information that you have accessed our website and that your personal data is transmitted to the plug-in provider and stored there. These are so-called third-party cookies. According to their own statements, some providers such as Facebook and XING immediately anonymize your IP after collection. The plug-in provider stores the data collected about the user as usage profiles. You can revoke your consent at any time by deactivating the slider.
- Purpose of data processing: Improvement and optimization of our website; increasing our visibility through social networks; possibility of interaction with you and users among themselves via social networks; advertising, analysis and/or needs-based design of the website.
- Legal bases: The legal basis for the processing of personal data is our legitimate interest pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR, which lies in the purposes stated above. Insofar as you have given us or the controller of the social network consent to the processing of your personal data, the legal basis is Art. 6 para. 1 sentence 1 lit. a) in conjunction with Art. 7 GDPR. For pre-contractual inquiries or for the use of your personal data for the performance of a contract, Art. 6 para. 1 sentence 1 lit. b) GDPR is the legal basis.
- Data transfer / recipient category: Social network.
- Social networks used and objection: We refer to the respective privacy policies of the social networks with regard to the purpose and scope of data collection and processing. You will also find information there on your rights and setting options for the protection of your personal data. You have the right to object to the creation of these user profiles, whereby you can exercise these rights by contacting the respective plug-in provider directly.
- We have integrated plug-ins from the social network Facebook.com (EU headquarters: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) on our website as part of the so-called “two-click solution” from Shariff. You can recognize these by the Facebook logo “f” or the addition “Like”, “Gefällt mir” or “Share”.
- As soon as you voluntarily activate the Facebook plug-in, a connection is established from your browser to Facebook’s servers. Facebook receives the information, including your IP address, that you have accessed our website and transmits this information to Facebook servers in the USA, where it is stored. If you are logged into your Facebook account, Facebook can assign this information to your account. When using the plug-in functions, e.g. pressing the “Like” button, this information is also transmitted from your browser to Facebook servers in the USA and stored there, and displayed in your Facebook profile and possibly to your friends.
- You can find the purpose and scope of data collection and the further processing and use of the data by Facebook as well as your related rights and setting options for the protection of your privacy in Facebook’s privacy policy: https://www.facebook.com/about/privacy/. Data collection when using the “Like” button: https://www.facebook.com/help/186325668085084. You can manage and object to your settings regarding the use of your profile data for advertising purposes on Facebook here: https://www.facebook.com/ads/preferences/.
- If you log out of Facebook and delete your cookies before visiting our website, no data about your visit to our website will be assigned to your Facebook profile when the plug-in is activated.
- Agreement on joint processing of personal data on Facebook pages (Art. 26 GDPR): https://www.facebook.com/legal/terms/page_controller_addendum Privacy notice for Facebook pages: https://www.facebook.com/legal/terms/information_about_page_insights_data.
- We have integrated plug-ins from the social network Instagram (service provider: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) on our website as part of the so-called “two-click solution” from Shariff. You can recognize these by the Instagram logo in the form of a square camera.
- If you voluntarily activate the plug-in, a connection is established from your browser to Instagram’s servers. Instagram receives the information, including your IP address, that you have visited our site and transmits the information to Instagram servers in the USA, where it is stored. If you are logged into your Instagram account, Instagram can assign this information to your account and you can click the Instagram button to share and save the content of our pages on your Instagram account and possibly show it to your friends there. We have no knowledge of the exact content of the transmitted data, its use and storage period by Instagram.
- If you log out of Instagram and delete your cookies before visiting our website, no data about your visit to our website will be assigned to your Instagram profile when the plug-in is activated.
- You can find further information in Instagram’s privacy policy / opt-out at: https://help.instagram.com/519522125107875 Objection: https://help.instagram.com/contact/186020218683230 Agreement on joint processing of personal data on Instagram pages (Art. 26 GDPR): https://www.facebook.com/legal/terms/page_controller_addendum.
Rights of the Data Subject
- Objection or Revocation of the Processing of Your Data Insofar as the processing is based on your consent pursuant to Art. 6 para. 1 sentence 1 lit. a), Art. 7 GDPR, you have the right to revoke your consent at any time. The legality of the processing carried out on the basis of the consent until revocation remains unaffected. Insofar as we base the processing of your personal data on the balancing of interests pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR, you can object to the processing. This is the case in particular if the processing is not necessary for the performance of a contract with you, which we will explain in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either stop or adjust the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing. You can object to the processing of your personal data for the purposes of advertising and data analysis at any time. You can exercise the right to object free of charge. You can inform us of your advertising objection using the following contact details:
- Switzerland Green Energy GmbH Uttigenstraße 30 CH-3600 THUN
- Right to Information You have the right to obtain information about your personal data stored by us pursuant to Art. 15 GDPR. This includes in particular information about the purposes of processing, the categories of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the origin of your data if they were not collected directly from you.
- Right to Rectification You have the right to rectification of inaccurate data or completion of incomplete data pursuant to Art. 16 GDPR.
- Right to Erasure You have the right to erasure of your data stored by us pursuant to Art. 17 GDPR, unless statutory or contractual retention periods or other legal obligations or rights to further storage prevent this.
- Right to Restriction You have the right to request restriction of the processing of your personal data if one of the conditions in Art. 18 para. 1 lit. a) to d) GDPR is met: • If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data; • the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead; • the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims; or • you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate grounds of the controller override your grounds.
- Right to Data Portability You have the right to data portability pursuant to Art. 20 GDPR, which means that you can receive the personal data concerning you that we have stored in a structured, commonly used and machine-readable format or request that it be transmitted to another controller.
- Right to Lodge a Complaint You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority in particular in the Member State of your habitual residence, place of work or the place of the alleged infringement.
Data Security
In order to protect all personal data transmitted to us and to ensure that the data protection regulations are complied with by us and our external service providers, we have taken appropriate technical and organizational security measures. For this reason, among other things, all data is transmitted between your browser and our server in encrypted form via a secure SSL connection.
Status: 03.08.2022 Source: hier lesen