Privacy

Privacy Policy

Name and contact of the person responsible according to Article 4 (7) GDPR
Company: energy consult GmbH
Address: Peter-Henlein-Straße 2 – 4 • 27472 Cuxhaven,Germany
Telephone: +49 (0)4721 718-08
Fax: +49 (0)4721 718-399
E-Mail: info@energy-consult.net

Data protection officer: Stefan Schlie, ds-ecg@pne-ag.com

 

Security and protection of your personal data
We consider it our primary task to protect the confidentiality of the personal data you provide and to protect it from unauthorized access. We therefore exercise the utmost care and use state-of-the-art security standards to ensure maximum protection of your personal data.
As a private company, we are subject to the provisions of the European Data Protection Ordinance (GDPR) and the provisions of the German Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the data protection regulations are observed both by us and by our external service providers.

Definitions

The legislature requires that personal data be processed in a lawful manner, in good faith and in a manner that is comprehensible to the person concerned (‘lawfulness, processing in good faith, transparency’). To ensure this, we wish to inform you about the individual legal definitions provided below which are also used in this Privacy Policy:

Personal data
‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

Processing
‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

Restriction of processing
‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;

Profiling
‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

Pseudonymisation
‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;

File system
‘file system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;

Controller
‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

Processor
‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

Recipient
‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

Third party
‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;

Consent
‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

Lawfulness of processing

The processing of personal data is only legal if a legal basis for processing exists. Pursuant to Article 6 (1) lit a–f of the GDPR, the legal basis for processing may be in particular:
a. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
b. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
c. processing is necessary for compliance with a legal obligation to which the controller is subject;
d. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Information about the collection of personal data

(1) We provide information about the collection of personal data when using our website below. Personal data include names, addresses, email addresses, user behaviour, for example.
(2) If you contact us by email or via a contact form, the data you provide (your email address, or your name and your telephone number, as the case may be) will be stored by us in order to answer your questions. We delete the data arising from this context after storage is no longer necessary, or processing is restricted if statutory retention obligations exist.

Collection of personal data when visiting our website

When using the website for information purposes only, i.e. if you do not register or otherwise provide us with information, we will only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Art. 6(1), 1 lit. f GDPR):

  • IP address
  • Date and time of the request
  • Time zone difference to Greenwich Mean Time
  • Content of the request (specific page)
  • Access status/HTTP status code
  • The amount of data transferred in each case
  • Website from which the request comes
  • Browser
  • Operating system and its interface
  • Language and version of the browser software.

The use of cookies

(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive, assigned to the browser you are using and that provide certain information to the body that sets the cookie Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.
(2) This website uses the following types of cookies, the scope and functioning of which are explained below:
Transient cookies (cf a.)
Persistent cookies (cf b.).
a. Transient cookies are automatically deleted when you close your browser. These include in particular session cookies. These store a so-called session ID, with which different requests from your browser can be assigned to the common session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close your browser.
Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.
You can configure your browser settings according to your wishes and decline the acceptance of third-party cookies or all cookies, for example. So-called “third party cookies” are cookies set by a third party, therefore not by the actual website you are currently visiting. Please note that you may not be able to use all functions of this website by deactivating cookies.
We use cookies to identify you for subsequent visits if you have an account with us. Otherwise you will have to log in again for each visit.
The Flash cookies used are not recorded by your browser but by your Flash plug-in. We also use HTML5 storage objects that are stored on your mobile device. These objects store the required data independently of your browser and do not have an automatic expiry date. If you do not wish the Flash cookies to be processed, you must install an appropriate add-on, e.g. ‘Better Privacy’ for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash killer cookie for Google Chrome. You can prevent the use of HTML5 storage objects by using private mode in your browser. We also recommend that you regularly delete your cookies and your browser history manually.

Further functions and offers of our website

(1) In addition to the purely informative use of our website, we offer various services which you can use if you are interested. You generally must provide further personal data, which we use to provide the respective service and to which the aforementioned data processing principles apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly checked.
(3) Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions, conclusion of contracts or similar services together with partners. For more information, please provide your personal data or see the description of the offer below.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this situation in the description of the offer.

Children

Our offer is generally aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

Rights of the data subject

(1) Revoking consent
If your personal data is processed based on a given consent, you have the right to revoke the consent at any time. Revoking consent shall not affect the lawfulness of processing data carried out based on the consent until revocation.
You can contact us at any time to exercise your right of revocation.
(2) Right to obtain confirmation
You have the right to request confirmation from the controller as to whether we process personal data concerning you. You may request confirmation at any time using the contact details above.
(3) Right of access to information
If personal data is processed, you can request information about this personal data and about the following information at any time:

  • the processing purposes;
  • the categories of personal data being processed;
  • the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organizations;
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
  • the existence of a right to have your personal data concerning you rectified or deleted or to have the controller restrict or object to such processing;
  • the existence of a right of appeal to a supervisory authority;
  • if the personal data are not collected from the data subject, all available information on the origin of the data;
  • the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.

If personal data are transferred to a third country or an international organization, you have the right to be informed of the appropriate guarantees in accordance with Article 46 GDPR in connection with the transfer. We provide a copy of the personal data that is the subject of processing. We may charge an appropriate fee based on administrative costs for any additional copies you request of a person. If you submit the application electronically, the information shall be provided in a common electronic format, unless otherwise specified. The right to obtain a copy in accordance with paragraph 3 shall not prejudice the rights and freedoms of other persons.
(4) Right to rectification
You have the right to request immediate rectification of any inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to request any incomplete data be completed, also by means of a supplementary declaration.
(5) Right to erasure (‘right to be forgotten’)
You have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b. The data subject withdraws their consent on which processing was based in accordance with Article 6(1)(a) or Article 9(2)(a) of the GDPR and there is no other legal basis for processing.
c. The data subject objects to processing under Article 21(1) of the GDPR and there are no overriding legitimate grounds for processing, or the data subject objects to processing under Article 21(2) of the GDPR.
d. The personal data have been processed unlawfully.
e. The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
f. The personal data have been collected in relation to information society services provided in accordance with Article 8(1) of the GDPR.
Where the controller has made the personal data public and is obliged pursuant to Paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure (‘right to be forgotten’) does not apply if processing is necessary:
a. to exercise freedom of expression and information;
b. to perform a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or to perform a task in the public interest or when exercising the official authority conferred on the controller;
c. on grounds of public interest in the field of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
d. for archiving purposes of public interest, scientific or historical research purposes, or for statistical purposes as referred to in Article 89(1) of the GDPR, where the right referred to in paragraph 1 is likely to render the attainment of the objectives of such processing impossible or seriously prejudicial, or
e. to assert, exercise or defend legal claims.
(6) Right to restriction of processing
You have the right to request that we restrict the processing of your personal data if any of the following conditions apply:
a. the accuracy of the personal data is disputed by the data subject for a period which enables the data controller to verify the accuracy of the personal data;
b. the processing is unlawful and the data subject refuses to delete the personal data and instead requests a restriction on the use of the personal data;
c. the data controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the purpose of asserting, exercising, or defending legal claims, or
d. the data subject has lodged an objection to the processing referred to in Article 21(1) of the GDPR until it has been established whether the data subject’s justified grounds outweigh those of the data subject.
If processing has been restricted in accordance with the conditions set out above, such personal data shall only be processed, apart from being stored, with the consent of the data subject or for the purpose of asserting, exercising, or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
The data subject may contact us at any time using the contact details provided above to exercise the right to restrict processing.
(7) Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, current, and machine-readable format, and you have the right to transfer this data to another responsible person without hindrance by the controller to whom the personal data was submitted, provided that:
processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) pf the GDPR, and
the processing is carried out using automated procedures.
In exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. Exercising the right to data portability shall not affect the right to erasure (‘right to be forgotten’). This right shall not apply to processing necessary for performing a task in the public interest or in exercising official authority conferred on the controller.
(8) Right to object
You have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In connection with the use of Information Society services, notwithstanding Directive 2002/58/EC, you may exercise your right of to object by means of automated procedures using technical specifications.
You have the right to object to the processing of personal data concerning you, for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1), for reasons arising from your particular situation, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
You may exercise your right of objection at any time by contacting the respective controller.
(9) Automatic decisions in individual cases including profiling
You have the right not to be subject to a decision based exclusively on automatic processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision:
is necessary for the conclusion or performance of a contract between the data subject and the data controller,
is admissible by law of the Union or of the Member States to which the data controller is subject and that law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject; or
with the express consent of the data subject.
The data controller shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person by the data controller, to state his own position and to challenge the decision.
The person concerned may exercise this right at any time by contacting the respective controller.
(10) Right of appeal to a supervisory authority
Furthermore, you have the right of appeal to a supervisory authority, in particular in the Member State of their place of residence, of work or of the place of suspected infringement, where the data subject considers that the processing of personal data concerning him or her is contrary to this regulation without prejudice to any other administrative or judicial remedy. The supervisory authority responsible for our company is:
Die Landesbeauftragte für den Datenschutz Niedersachsen [The Lower Saxony State Commissioner for Data Protection], Prinzenstraße 5, 30159 Hannover, phone: 0511-120 4500, e-mail: poststelle(at)lfd.niedersachsen.de.

(11) Right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right of appeal to a supervisory authority under Article 77 of the GDPR, you shall have the right to an effective judicial remedy if it is of the opinion that the rights conferred on it by this regulation have been infringed upon as a result of processing your personal data in breach of this regulation.

Use of Google Analytics

(1) This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. However, if IP anonymization is activated on this website, Google will truncate your IP address within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases the whole IP-address will be first transferred to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide the website operator with further services associated with website and Internet use.
(2) The IP address provided by Google Analytics during use of Google Analytics will not be merged with other Google data.
(3) You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that by doing so, you may not be able to use all the features of this website to the fullest extent possible. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link:
https://tools.google.com/dlpage/gaoptout?hl=de.
(4) This website uses Google Analytics with the extension “_anonymizeIp()”. As a result, IP addresses are further processed in truncated form, so that a personal relationship can be ruled out. Insofar as the data collected about you is personal, the personal relation will be excluded immediately, and the personal data will be deleted immediately.
(5) We use Google Analytics to analyse and regularly improve the use of our website. We can improve our offer and make it more interesting for you as a user. In the exceptional cases in which personal data is transferred to the USA, Google is subject to the EU-US Privacy Shield,
https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6(1)1 lit. f of the GDPR.
(6) Third party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1)436 1001. User terms and conditions:
https://www.google.com/analytics/terms/de.html, Overview of data protection: https://www.google.com/intl/de/analytics/learn/privacy.html, as well as the privacy policy: https://www.google.de/intl/de/policies/privacy.
(7) This website also uses Google Analytics for cross-device analysis of visitor traffic that is conducted through a user ID. You can disable the cross-device analysis of your usage under “My Data”, “Personal Information” in your customer account.

Use of Google Maps

(1) This website uses Google Maps. This allows us to display interactive maps directly on the website and enables you to conveniently use the map function.
(2) By visiting the website, Google receives information that you have called up the corresponding subpage of our website. In addition, the data collected during your visit to our website will be transmitted. This is regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or needs-based design of its website. Such an evaluation takes place in particular (even for non-logged-in users) to provide advertising based on needs and in order to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
(3) Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the privacy policies of the provider. They will also provide you with further information about your rights in this regard and setting options to protect your privacy: https://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Google Web Fonts

This page uses web fonts provided by Google for the uniform display of fonts. When you open a page, your browser connects directly to Google servers and loads the web fonts you need into your browser’s cache to display text and fonts correctly.
(2) By visiting the website, Google receives information that you have called up the corresponding subpage of our website. In addition, the data collected during your visit to our website will be transmitted. This is regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or needs-based design of its website. Such an evaluation takes place in particular (even for non-logged-in users) to provide advertising based on needs and in order to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
(3) Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the privacy policies of the provider. They will also provide you with further information about your rights in this regard and setting options to protect your privacy: https://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Newsletter

You have the option to subscribe to a newsletter or other publications of energy consult GmbH on this website. For this purpose, we need your e-mail address and information allowing us to check that you are the owner of the provided e-mail address and consent to receiving the newsletter. There are no other data collected. These data are transferred to our service provider CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, which then takes over sending out the newsletter for us. Otherwise, these data are not transferred to third parties and are used for sending out the newsletter exclusively.
You may withdraw your consent to storage of the data, the e-mail address and their use for sending out the newsletter from energy consult GmbH free of charge effective for the future at any time, e.g. by using the “unsubscribe” link in the newsletter or the e-mail address ds-epg(at)pne-ag.com.