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Data protection declaration Elektrowärme Belzig GmbH

Preliminary remarks

We, Elektrowärme Belzig GmbH together with our subsidiaries (hereinafter collectively referred to as “the company“, “we” or “us“) take the protection of your personal data seriously and would like to inform you at this point about data protection in our company.

With the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter referred to as “GDPR”), additional obligations have been imposed on us in the context of our data protection responsibilities: “GDPR”) in order to ensure the protection of personal data of the data subject (hereinafter also referred to as “customer”, “user” or “data subject”).b>”customer”, “user”,“you”, “you” or “data subject“).

In so far as we decide either alone or jointly with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 DS-GVO). With this statement (hereinafter: “Data Protection Notice“), we inform you about the manner in which your personal data is processed by us.

Our data protection notices have a modular structure. They consist of a general part for all processing of personal data and processing situations that come into play each time a website is called up (A. General) and a special part, the content of which relates in each case only to the processing situation specified there with the designation of the respective offer or product, in particular the visit to websites as detailed here (B. Visit to websites).

A. General

(1) Definitions

Following the example of Art. 4 of the GDPR, this data protection notice is based on the following definitions:

“Personal data” (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (even photographs, video or audio recordings can contain personal data).

“Processing” (Art. 4 No. 2 GDPR) is any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e. acquisition), recording, organisation, classification, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the modification of a purpose or intended purpose on which a data processing was originally based.

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“Controller” (Art. 4 No. 7 GDPR) is 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.

“Third party” (Art. 4 No. 10 GDPR) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the personal data; this also includes other group-affiliated legal entities.

 

“Processor” (Art. 4 No. 8 DS-GVO) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller’s instructions (e.g. IT service provider). In terms of data protection law, a processor is in particular not a third party.

“Consent” (Art. 4 No. 11 GDPR) of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to personal data relating to him or her being processed.

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(2) Name and address of the controller

 

We are the controller of your personal data within the meaning of Art. 4 No. 7 DS-GVO:

Elektrowärme GmbH

In the Seedoche 7 industrial park

14806 Bad Belzig

Phone: +49 3384 197 – 203

Email: info@ewb-online.de

https://Iceberg-box.com/

For further information on our company, please refer to the imprint details on our website. To the imprint.

(3) Contact details of the data protection officer

Our company data protection officer is available at all times to answer any questions you may have and to act as your contact person on the subject of data protection at our company. He can be reached at the following contact details:

IITR Datenschutz GmbH

Dr. Sebastian Kraska

Marienplatz 2

80331 Munich

Phone: +49 89 – 1891 7360

E-mail: email@iitr.de

(4) Legal bases of data processing

By law, any processing of personal data is in principle prohibited and only permitted if the data processing falls under one of the following justifications:

– Art. 6 para. 1 sentence 1 lit. a DS-GVO (“Consent”): Where the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous affirmative act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;

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– Art. 6 para. 1 p. 1 lit. b DS-GVO: If the processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the data subject’s request;

 

– Art. 6 para. 1 p. 1 lit. c DS-GVO: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);

 

– Art. 6 para. 1 p. 1 lit. d DS-GVO: If the processing is necessary to protect the vital interests of the data subject or another natural person;

 

– Art. 6 para. 1 p. 1 lit. e DS-GVO: Where 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, or

 

– Art. 6 para. 1 p. 1 lit. f DS-GVO (“Legitimate Interests”): Where processing is necessary for the purposes of legitimate (in particular legal or economic) interests of the controller or a third party, unless such interests are overridden by the conflicting interests or rights of the data subject (in particular where the data subject is a minor).

 

For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.

(5) Data deletion and storage period

For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers in Germany, subject to any transfer that may take place in accordance with the regulations in A.(7) and A.(8).

However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by statutory regulations to which we are subject as the responsible party (e.g. § 257 HGB, § 147 AO). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

 

(6) Data security

We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties (e.g. TSL or SSL encryption for our website), taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

Security measures are continuously improved in line with technological developments.

We will be happy to provide you with more detailed information on request. Please contact our data protection officer (see A.(3)).

(7) Cooperation with processors

As with any larger company, we also use external domestic and foreign service providers (e.g. for IT, logistics, telecommunications, sales and marketing) to process our business transactions. These service providers only act on our instructions and are contractually obliged to comply with data protection regulations in accordance with Art. 28 DS-GVO.

If personal data of yours is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

 

(8) Conditions for the transfer of personal data to third countries

In the course of our business relationships, your personal data may be passed on or disclosed to third-party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively for the fulfilment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the disclosure below at the relevant points.

Some third countries are certified by the European Commission as having data protection levels comparable to the EEA standard through so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is sufficiently guaranteed. This is possible through binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates or recognised codes of conduct. Please contact our data protection officer (see under A.(3)) if you would like more information on this.

(9) No automated decision making (including profiling)

 

We do not intend to use any personal data collected from you for any automated decision-making process (including profiling)

 

(10) No obligation to provide personal data

 

We do not make the conclusion of contracts with us dependent on you providing us with personal data beforehand. As a customer, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.

(11) Legal obligation to transmit certain data

We may be subject to a specific legal or statutory obligation to make the lawfully processed personal data available to third parties, in particular public bodies (Art. 6 para. 1 p. 1 lit. c DS-GVO).

(12) Your rights

You can exercise your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of A.(2). As a data subject, you have the right:

– pursuant to Art. 15 DS-GVO to request information about your data processed by us. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;

 

– in accordance with Art. 16 DS-GVO to demand the correction of inaccurate or the completion of your data stored by us without delay;

 

– pursuant to Art. 17 DS-GVO, to request the erasure of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;

 

– demand the restriction of the processing of your data in accordance with Art. 18 DS-GVO, insofar as the accuracy of the data is disputed by you or the processing is unlawful;

 

– in accordance with Art. 20 DS-GVO, to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller (“data portability”);

– object to the processing pursuant to Art. 21 DS-GVO, provided that the processing is based on Art. 6 (1) p. 1 lit. e or lit. f DS-GVO. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the merits of the case and either cease or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;

 

– in accordance with Art. 7 (3) DS-GVO, to revoke your consent given once (also before the applicability of the DS-GVO, i.e. before 25.5.2018) – i.e. your voluntary will made understandable in an informed manner and unambiguously by means of a declaration or other unambiguous confirming act that you agree to the processing of the personal data concerned for one or more specific purposes – at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing based on this consent in the future and

 

– complain to a data protection supervisory authority about the processing of your personal data in our company, such as the data protection supervisory authority responsible for us, in accordance with Art. 77 DS-GVO:

 

The State Commissioner for Data Protection and for the Right to Inspect Files
Dagmar Hartge
Stahnsdorfer Damm 77
14532 Kleinmachnow

Phone: +49 (0) 3320 3356 0
Fax: +49 (0) 3320 3356 49
Email: Poststelle@LDA.Brandenburg.de

https://www.lda.brandenburg.de

(13) Changes to the privacy notice

In the context of the further development of data protection law as well as technological or organisational changes, our data protection information is regularly checked for the need to adapt or supplement it and the corresponding changes are then incorporated. This data protection notice is current as of January 2021.

B. Visiting websites

(1) Explanation of the function

Information about our company and the services we offer can be found in particular at: https together with the associated sub-pages (hereinafter collectively: “websites”). When you visit our websites, personal data may be processed by you.

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(2) Personal data processed

When using the websites for information purposes, the following categories of personal data are collected, stored and further processed by us:

“Log data”: When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:

– the page from which the page was requested (so-called referrer URL)

 

– the name and URL of the requested page

 

– the date and time of the call

– the description of the type, language and version of the web browser used

 

– the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established

 

– the amount of data transferred

– the operating system

– the message whether the call was successful (access status/http status code)

 

– the GMT time zone difference

“Contact form data”: When contact forms are used, the data transmitted through them are processed (e.g. gender, surname and first name, address, company, e-mail address and the time of transmission).

 

In addition to the purely informational use of our website, we offer the subscription to our newsletter, with which we inform you about news. If you subscribe to our newsletter, the following “newsletter data” will be collected, stored and processed by us:

– the page from which the page was requested (so-called referrer URL)

 

– the date and time of the call

– the description of the type of web browser used

 

– the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established

 

– the email address

– the date and time of registration and confirmation

We would like to point out that we evaluate your user behaviour when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files that are stored on our website. For the evaluations, we link the aforementioned data and the web beacons with your e-mail address and an individual ID. Links contained in the newsletter also contain this ID. The data is only collected pseudonymously, i.e. the IDs are not linked to your other personal data, a direct personal reference is excluded.

(3) Purpose and legal basis of data processing

We process the personal data specified above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) p. 1 lit. f DS-GVO, the aforementioned purposes also represent our legitimate interests.

The processing of log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO).

The processing of contact form data is carried out for the purpose of processing customer enquiries (legal basis is Art. 6 para. 1 p. 1 lit. b or lit. f DS-GVO).

The newsletter data is processed for the purpose of sending the newsletter. When registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 para. 1 lit. a DS-GVO). We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration, we will send you an e-mail to the e-mail address you provided in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to verify your registration and, if necessary, to be able to clarify any possible misuse of your personal data. You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter e-mail, by e-mail to info@decayeux.de or by sending a message to the contact details provided in the imprint.

(4) Duration of data processing

Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases specified in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please note point A.(5) as well as the Cookie Policy (A4.1).

Third parties engaged by us will store your data on their system for as long as is necessary in connection with the provision of the services to us in accordance with the respective order.

 

For more details on the storage period, please refer to A.(5) and the Cookie Policy.

 

(5) Transfer of personal data to third parties; justification

The following categories of recipients, which are usually processors (see A.(7)), may have access to your personal data:

 

– Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 p. 1 lit. b or lit. f DS-GVO, insofar as these are not order processors;

 

– Government agencies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. c DS-GVO;

– Persons appointed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f DS-GVO.

For the guarantees of an adequate level of data protection in the event of a transfer of the data to third countries, see A.(8).

 

In addition, we will only disclose your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 para. 1 p. 1 lit. a DS-GVO.

(6) Use of cookies, plugins and other services on our website

 

1. Cookies

We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive by means of a characteristic character string, and through which certain information flows to the body that sets the cookie. Cookies cannot execute programmes or transmit viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offer more user-friendly and effective overall, i.e. more pleasant for you.

Cookies can contain data that make it possible to recognise the device used. In some cases, however, cookies only contain information on certain settings that are not personally identifiable. However, cookies cannot directly identify a user.

A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. In terms of their function, cookies are again differentiated between:

– Technical cookies: these are essential to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages you have visited;

 

– Performance cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you – all information collected is anonymous and is only used to improve our website and find out what interests our users;

 

– Advertising cookies, targeting cookies: These are used to offer the website user tailored advertising on the website or third-party offers and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;

 

– Sharing cookies: These are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.

 

Any use of cookies that is not absolutely technically necessary constitutes data processing that is only permitted with your explicit and active consent pursuant to Art. 6 (1) p. 1 lit. a DS-GVO. This applies in particular to the use of advertising, targeting or sharing cookies. Furthermore, we only pass on your personal data processed by cookies to third parties if you have given your express consent to do so in accordance with Art. 6 para. 1 p. 1 lit. a DS-GVO.

Cookie Policy

For more information about which cookies we use and how you can manage your cookie settings and disable certain types of tracking, please see our Cookie Policy.

 

2. plugins

a) Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc (“Google”). Google Analytics uses so-called “Cookies”, text files which are stored on your computer and which enable an analysis of your use of the website. 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. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

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b) Google Web Fonts

This site uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly.

For this purpose, the browser you use must connect to Google’s servers. This enables Google to know that our website has been accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.

If your browser does not support web fonts, a default font will be used by your computer.

For more information on Google Web Fonts, please see https://developers.google.com/fonts/faq and Google’s privacy policy: https://www.google.com/policies/privacy/.

c) Google Maps

This site uses the map service Google Maps via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

In order to use the functions of Google Maps, it is necessary to save your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

The use of Google Maps is in the interest of an appealing presentation of our online offers and an easy location of the places indicated by us on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.

For more information on the handling of user data, please see Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/.

d) Social media plugins

We do not use social media plugins on our websites. If our websites contain icons from social media providers (e.g. Instagram, Facebook, twitter), we only use these to passively link to the pages of the respective service providers.

 

3. Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on our websites. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

The purpose of reCAPTCHA is to check whether data entry on our websites (e.g. in a contact form) is made by a human or by an automated programme. For this purpose, reCAPTCHA analyses the behaviour of the website visitor on the basis of various characteristics. This analysis begins automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, time spent by the website visitor on the website or mouse movements made by the user). The data collected during the analysis is forwarded to Google.

The reCAPTCHA analyses run completely in the background. Website visitors are not made aware that an analysis is taking place.

The data processing is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in protecting its web offers from abusive automated spying and from SPAM.

 

For more information on Google reCAPTCHA and Google’s privacy policy, please see the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html.