Data protection declaration for website operators according to GDPR
I. Name and address of the person responsible
The person responsible according to the GDPR and other national data protection laws of the member states as well as other data protection regulations is:
Next Kraftwerke GmbH
Lichtstr. 43 g
50825 Cologne
Germany
Phone: +49 (0)221 820085-0
E-Mail: info@next-kraftwerke.de
Website: www.next-kraftwerke.de
II. Name and address of the data protection officer
The data protection officer of the responsible person is:
Franz-Josef Kemnade
Lichtstr. 43 g
50825 Cologne
Germany
Phone: +49 (0)221 820085-898
E-Mail: kemnade@next-kraftwerke.de
III. General information on data processing
1. Scope of the processing of personal data
We only process personal data of our users if this is necessary to provide a functional website as well as our contents and services.
2. Legal basis for the processing of personal data
3. Data erasure and storage time
IV. Provision of the website
1. Description and scope of data processing
2. Legal basis and purpose of data processing
The legal basis for processing is Art. 6 para. 1 lit. f GDPR. The data is collected and stored in order to technically enable the website to be delivered to the user's computer and to guarantee the functionality of the website and the security of our IT systems. These purposes represent the legitimate interest on the basis of which the processing of the data by us is legal.
3. Recipient and transmission of data
The data will only be processed by us and will not be transferred to other recipients or to a third country.
4. Duration of storage
The data stored in the log files will be deleted by us 14 days after collection.
5. Possibility of objection
6. Your rights
You have the right to request information about data processing from us in accordance with Art. 15 GDPR.
You may request the correction of the data in accordance with Art. 16 GDPR.
You may request the deletion of the data in accordance with Art. 17 GDPR.
In accordance with Art. 18 GDPR, you may restrict the processing of the data by us and to this extent demand notification in accordance with Art. 19 GDPR.
You may object to the processing of the data in accordance with Art. 21 GDPR.
You have the right to lodge a complaint about the processing of data with a supervisory authority.
For details of your rights in this regard, see here.
V. Use of the contact form
1. Description and scope of data processing
- Personal contact details (name, zip code, e-mail address, telephone number)
- Installed capacity of the existing power generation, consumption or storage equipment
- Preference for the desired service (direct marketing of electricity, balancing energy marketing, consulting etc.)
- Personal message, if applicable
- Type of form sent
- Date and time of dispatch
2. Legal basis and purpose of data processing
The legal basis for the processing of data collected in the course of the contact form's use is Art. 6 para. 1 lit. f GDPR. If contact is made to establish a business relationship with us, the additional legal basis for processing is Art. 6 para. 1 lit. b GDPR.
The processing of the data is solely for the purpose of creating the e-mail and using it in the ordinary course of business. This also constitutes the necessary legitimate interest in the processing of this data in accordance to Art. 6 para. 1 lit. f GDPR.
3. Recipient and transmission of data
The data will only be processed by us and will not be transferred to other recipients or to a third country.
4. Duration of storage
The e-mail generated from the data represents a business letter and is archived after the conversation with you, like all other business letters.
5. Possibility of objection
You have the right to object to our processing of your data at any time for reasons arising from your particular situation. In such a case, we will no longer use the data for conversation and the conversation cannot be continued.
6. Your rights
You have the right to request information about data processing from us in accordance with Art. 15 GDPR. You may request the correction of the data according to Art. 16 GDPR. You may request the deletion of the data in accordance with Art. 17 GDPR. In accordance with Art. 18 GDPR, you may restrict the processing of data by us and to this extent demand notification in accordance with Art. 19 GDPR. You may object to the processing of your data in accordance with Art. 21 GDPR. You have the right to lodge a complaint about the processing of data with a supervisory authority. Details of your rights in this regard can be found here.
VI. 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 by the Internet browser on the user's computer system. If a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again. We currently only use session cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. The following overview shows you the session cookies currently used by us and the data collected and stored by them:
|
Cookie |
Purpose |
Data categories collected |
|
PHPSESSID |
With the help of this cookie, the preferred settings of the user are stored in order to be able to make them available immediately the next time the page is visited. It also makes it easier to fill in forms. |
Language settings or other default settings as well as input information from form fields |
2. Legal basis and purpose of data processing
The legal basis for the processing of personal data using session cookies is Art. 6 para. 1 lit. f GDPR. The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change. These purposes represent the legitimate interest on the basis of which the processing of the data by us is legal.
3. Recipient and transmission of data
The data will only be processed by us and will not be transferred to other recipients or to a third country.
4. Duration of storage
The session cookies we use are deleted after the browser session has ended, so that the data collected by the session cookies is deleted.
5. Possibility of opposition and elimination
Cookies are stored on the user's computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted by you at any time. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
6. Your rights
You have the right to request information about data processing from us in accordance with Art. 15 GDPR.
You may request the correction of the data in accordance with Art. 16 GDPR.
You may request the deletion of the data in accordance with Art. 17 GDPR.
In accordance with Art. 18 GDPR, you may restrict the processing of the data by us and to this extent demand notification in accordance with Art. 19 GDPR.
You may object to the processing of the data in accordance with Art. 21 GDPR.
You have the right to lodge a complaint about the processing of data with a supervisory authority.
For details of your rights in this regard, see here.
VII. Web analysis services
VIII. Tools and Miscellaneous
IX. Your rights as a subject of data processing
If your personal data is processed, you are affected within the framework of the GDPR and you have the following rights vis-à-vis the person responsible:
1. Right of information
You can ask us to confirm whether personal data concerning you will be processed by us.
- the purposes for which we process personal data;
the categories of personal data processed by us - the recipients or categories of recipients to whom we have disclosed or are still disclosing personal information about you
- the planned duration of the storage of the personal data concerning you or,
- if specific information on this is not possible, criteria for determining the storage period.
2. The right to correction
You have a right of rectification and/or completion vis-à-vis us if the personal data processed concerning you is incorrect or incomplete. We will make the correction immediately.
3. Right to limitation of processing
- if you dispute the accuracy of the personal data concerning you for a period of time that enables the person responsible to verify the accuracy of the personal data;
- the processing by us is unlawful and you refuse to have the personal data deleted and instead request that the use of the personal data be restricted;
- we no longer need the personal data for the purposes of processing, but you do need them to assert, exercise or defend legal claims, or
- if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
4. Right of deletion
- The personal data concerning you is no longer necessary for the purposes for which they were collected or otherwise processed.
- You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
- You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.
- The personal data concerning you has been processed unlawfully.
- The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject.
- The personal data concerning you has been collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
- to exercise freedom of expression and information;
- to fulfil a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject to or to perform a task in the public interest or in the exercise of official authority conferred on us;
- for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to render impossible or seriously impair the attainment of the objectives of such processing, or
- to assert, exercise or defend legal claims.
5. Right to information
If you have exercised your right of rectification, deletion or restriction of processing against us, we are obliged to inform all recipients to whom we have disclosed the personal data concerning you of this rectification or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right vis-à-vis us to be informed about these recipients.
6. Right of objection
7. The right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State of your place of residence or the place of suspected infringement, if you believe that the processing of personal data concerning you is contrary to the GDPR. The supervisory authority to which the complaint was lodged informs you as the complainant about the status and the results of the complaint, including the possibility of a legal remedy under Article 78 GDPR.
X. Newsletter
1. Description and scope of data processing
We send our newsletter to customers of Next Kraftwerke and its subsidiaries as well as to interested parties, who have registered for it via our website or as part of an event. When registering via the website, the data from the input mask – i.e. your e-mail address – is transmitted to us. In addition, the IP address of the calling computer and the date and time of registration are collected. Your consent will be obtained for the processing of the data during the registration process and reference will be made to this data protection declaration.
The newsletter is sent by the service provider MailChimp. Like the company, the IT systems used by MailChimp are located in the USA. This means that data is passed on to third parties in a non-secure third country, as other data protection conditions exist in the USA. In terms of data protection law, an appropriate level of data protection must be ensured when processing data in a non-EU member state. At MailChimp this is realized by the so-called "Privacy Shield" – for this the Rocket Science Group LLC, which operates MailChimp, is certified.
Like other service providers, MailChimp offers statistical evaluation options for usage data, which also includes tracking of opening and click rates. We only use the tracking data in the form of aggregated reports, there is no analysis of individual usage behavior.
In order to be able to prove the entry in the list and to defend itself against any accusation of unsolicited e-mails, the list provider also stores the date of entry in the list as well as the IP address. Important: There is no further use of the IP address.
In addition, the following data is stored at MailChimp: Date of the last profile update, geolocation & time zone as well as the set language. These functions cannot currently be deactivated by us with MailChimp.
To validate input data, we use the Google reCaptcha service to determine whether a person or computer makes a particular entry in our contact or newsletter form. Google uses the following data to determine whether you are a human being or a computer: IP address of the terminal device used, the website that you visit on our site and on which the captcha is embedded, the date and duration of the visit, the identification data of the browser and operating system type used, the Google account if you are logged in to Google, mouse movements on the reCaptcha areas and tasks for which you must identify images. The legal basis for the data processing described is Art. 6 Para. 1 Letter f of the Basic Data Protection Regulation. There is a legitimate interest on our part in this data processing to ensure the security of our website and to protect us from automated entries (attacks).
2. Legal basis and purpose of data processing
The legal basis for processing the data is the existence of a contractual relationship with Next Kraftwerke or a subsidiary of the Next Kraftwerke Group or the user's consent within the scope of registering for the newsletter (Art. 6 Para. 1 lit. a DSGVO).
The legal basis for processing data in the USA is Art. 6 Para. 1 lit. f) DSGVO: According to this, data processing is based on a weighing of interests.
Since sending an e-mail newsletter to several thousand users is technically demanding, we use a technical service provider, who processes the data. In Mailchimp, we have found a secure and powerful service provider for this purpose. By tracking opening and click rates, we are able to offer our readers better and more accurate content and therefore take a justified interest for granted. Anyone concerned can object to the use of their personal data at any time by unsubscribing from the newsletter.
3. Duration of storage
The data is stored by the list provider until the e-mail address is deleted by the owner of the e-mail address or by us as the list operator.
4. Objection and removal possibility
The newsletter can be cancelled by the user at any time. For this purpose there is a corresponding link in every newsletter.
Data Protection Information
With the following information, we would like to give you an overview of the processing of your personal data in connection with our business relationship and inform you about your rights in accordance with data protection law.
Responsible body
Next Kraftwerke GmbH
Lichtstraße 43 g
50825 Köln
Tel +49 221/ 82 00 85 - 0
Fax +49 221/ 82 00 85 – 99
E-Mail: info@next-kraftwerke.com
As data protection officer we have appointed:
Franz-Josef Kemnade
E-Mail: kemnade@next-kraftwerke.de
Purpose, legal basis of data processing and legitimate interest
Next Kraftwerke GmbH operates one of Europe’s largest virtual power plants. From a central control platform, it connects power-producing assets from renewable sources such as biogas, wind, and solar with commercial and industrial power consumers and power-storage systems.
The data provided by you will be stored and processed accordingly for the purpose of our business relationship or the initiation of a business relationship between us. The concrete purpose results from the respective contractual relationship or the business relationship conducted up to this point.
We process or store your contact data such as e-mail address, telephone number to contact you as a customer, partner or service provider.
The data will be processed either on the basis of Art. 6 1 b GDPR or on the basis of a legitimate interest, Art. 6 1 f GDPR.
Data recipient
The data recipient is Next Kraftwerke GmbH. Within our company, only persons who are involved in initiating or maintaining a business relationship with you have access to your data. We also partly use service providers who act as our contract processors.
Transfer of data to third countries / international organisations
Transmission to states outside the European Union and states of the European Economic Area (EEA) shall only take place in accordance with legal provisions.
Duration of storage
Your data will be deleted upon termination of our business relationship, as long as there are no retention obligations. Should storage periods exist, we of course adhere to these.
Your rights as a data subject
As a data subject, you have the right of access pursuant to article 15 GDPR, the right to rectification according to article 16 GDPR, the right to erasure pursuant to article 17 GDPR, the right to restriction of processing pursuant to article 18 GDPR, the right to object according to Article 21 GDPR and the right to data portability pursuant to article 20 GDPR. The restrictions under paragraphs 34 and 35 BDSG (German data protection law) apply to the right of access and the right to erasure.
In addition, there is the possibility to send a complaint to a responsible data protection supervisory authority.
Right to object
Information about your right to object pursuant to article 21 of the General Data Protection Regulation (GDPR)You have the right to object to the processing of your personal data at any time.
If you object, we will no longer process your personal data unless we can prove compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Recipient of objection
The objection can be made without form with the subject "Objection" stating your name and your address and should be addressed to:
kemnade@next-kraftwerke.de
