Privacy statement according to the GDPR
I. Name and address of the responsible person
Responsible within the meaning of the basic data protection regulation and other national data protection laws of the member states as well as other data protection regulations is:
Gesellschaft für Energiewirtschaft und Kybernetik mbH
Bönninghauser Straße 10
Tel.: +49 2942 9747 0
II. Name and address of the data protection officer
The data protection officer of the responsible person is:
Roland Schwalm, Deputy Stephan Schneider
bits + bytes it-solutions GmbH & Co. KG
Bahnhof Weidenau 6
Tel: 0700 / 20 30 10 30
III. General information about data processing
1. Scope of processing of personal data as of April 2018. In principle, we process personal data of our users only insofar as this is necessary to provide a functioning website and our content and service.
The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent cannot be obtained de facto and law permits the processing of the data.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) is legal basis. In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO is legal basis.
This also applies to processing operations required to carry out pre-contractual actions. Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, Art. 6 para. 1 lit. c DSGVO is legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO is legal basis.
If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests in fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f DSGVO is legal basis for processing.
3. Data deletion and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is no longer valid. In addition, such storage may be pursued according to European or national legislator regulations, laws or other regulations to which we are subject.
Blocking or deletion of the data also takes place when a statutory storage period expires, unless there is a need for further storage of the data for conclusion or fulfillment of a contract.
IV.Supply of the website and creation of log files
1. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the calling computer system.
The following data are collected:
(1) Information about the browser type and version used
(2) The operating system of the user
(3) The Internet service provider of the user
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the system of the user comes to our website
(7) Web sites accessed by the user's system through our website
The log files contain IP addresses or other data that allow an assignment to a user. This could be the case, for example, if the link to the website from which the user accesses our website or the link to the website to which the user is switching contains personal data.
The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR. As of April 2018
3. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user's IP address must be stored for the duration of the session.
Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
For these purposes, our legitimate interest in the processing of data according to Art. 6 para. 1 lit. f GDPR.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection.
5. Objection and removal
The collection of data for the supply of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no possibility for objection by the user.
a) Description and scope of data processing
- Language settings
- Log-in information
b) Legal basis for data processing
If only a use of technically necessary cookies is made or a use of technically necessary cookies and technically unnecessary cookies without prior consent of the user:
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
If a use of technically necessary and not necessary cookies with prior consent of the user takes place: As of April 2018
The legal basis for the processing of personal data using technically necessary cookies is Article 6 (1) lit. f GDPR.
c) Purpose of data processing
- Applying language settings
- Remembering keywords
The user data collected through technically necessary cookies will not be used to create user profiles.
For these purposes it is our legitimate interest in the processing of personal data pursuant to Art. 6 para. 1 lit. f GDPR.
e) Duration of storage, objection and disposal options
Currently we do not offer a newsletter.
Currently we do not offer registration.
VIII. Contact form and e-mail contact
1) Description and scope of data processing
On our website a contact form is available, which can be used for electronic contact. If a user takes this option, the data entered in the input mask will be transmitted to us and stored.
For the processing of the data in the context of the sending process your consent is obtained and it is referred to this privacy statement.
Alternatively, contact via the provided e-mail address is possible. In this case, the user's personal data transmitted by e-mail will be stored.
In this context, there is no disclosure of the data to third parties. The data is used for processing the conversation exclusively.
2) Legal basis for data processing
Legal basis for the processing of the data is, in presence of the consent of the user, Art. 6 para. 1 lit. a GDPR.
The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f GDPR. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
3) Purpose of the data processing
The processing of the personal data from the input mask is for contact purpose only. In the case of contact via e-mail, this also includes our legitimate interest in the processing of the data. The other personal data processed during the sending process are obtained to prevent misuse of the contact form and to ensure the security of our information technology systems.
4) Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.
5) Objection and removal
The user has the possibility, at any time, to revoke his consent to the processing of the personal data. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation cannot continue.
A revocation can be made by e-mail. email@example.com
All personal data stored in the course of contacting will be deleted in this case.
IX. web analytics
Web analysis is not taking place right now.
X. Rights of the pertained person
If your personal data is processed, you are a “pertained person” according to the GDPR and you have the following rights:
1)Right on information
You may ask the person in charge to confirm if personal data concerning you is processed by us. If so, you can request information about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or the categories of recipients to whom the personal data relating to you have been or will be disclosed
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the existence of a right for rectification or erasure of your personal data, a right on restriction of processing or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the source of the data if the personal data is not collected from the data subject;
2) Right on Rectification
You have a right on rectification and / or completion, if the your processed personal data is incorrect or incomplete. The responsible person must make the correction without delay.
3) Right on Restriction of Processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of your personal information for a period of time that enables the responsible person to verify the accuracy of your personal information;
(2) the processing is unlawful and you refuse the deletion of the personal data and instead restrict the use of the it.
(3) the responsible person no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of your personal data has been restricted, this data may only be used - desisted from their storage - with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the EU or a Member State.
If the processing according to the named conditions is restricted, you will be informed by the person in charge before the restriction is abrogated.
4) Right on Deletion
a) deletion obligations
You may require from the responsible person to delete your personal information without delay, he will be obliges to delete that information immediately if any of the following is true:
(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, the processing is based acc. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. GDPR and there is no other legal basis for processing.
(3) According to. Art. 21 para. 1 GDPR you declare objection to the processing and there are no prior justifiable reasons for the processing, or you declare acc. Art. 21 para. 2 GDPR opposition to processing.
(4) Your personal data have been processed unlawfully.
(5) The deletion of your personal data shall be required to fulfill a legal obligation under Union law or the law of the Member States to which responsible person is subject.
(6) Your personal data were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
b) information to third parties
If the person in charge has made your personal data public and is he obliged to delete them acc. Article 17 (1) of the GDPR, he shall take appropriate measures, including technical means, to inform other responsible persons who process the personal data to delete the data itsself and all references, taking into account available technology and implementation costs.
The right on deletion does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation that requires processing under EU or Member State law to which the responsible person is subject or for the performance of a task of public interest or in the exercise of official authority conferred;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.
5) Right on Information
If you have the right of rectification, deletion or restriction of processing to responsible person, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.
You have a right to the person responsible to be informed about these recipients.
6) Right to Data portability
You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that
(1) the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR is based and
(2) the processing is done by automated means.
In exercising this right, you also have the right to obtain that your personal data are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected. The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.
7) Right of objection
You have the right at any time, for reasons that arise from your particular situation, object against the processing of your personal data, pursuant to Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling, based on these provisions.
The person responsible will no longer process your personal data unless he can demonstrate compelling legitimate reasons for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.
If your personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such advertising; this also applies to profiling insofar as it is associated with such direct advertising. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You have the opportunity in connection with the use of services of Information society - regardless of Directive 2002/58 / EC - exercise your right of objection through automated procedures using technical specifications.
8) Right to revoke the Consent to Data Protection Declaration
You have the right to revoke your consent to a data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out based on the consent until the revocation.
9) Automated decision on an individual basis including profiling
You have the right not to be subjected to a decision based solely on automated processing - including profiling - that will have legal effect or similarly affect you in a similar manner.
This does not apply if the decision
(1) is required for the conclusion or performance of a contract between you and person responsible,
(2) is permitted by EU or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
(3) is made with your expressively consent.
However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to uphold the rights and freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and arraign the decision.
10) Right to complain to a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of your personal data violates the GDPR regulations.
The supervisory authority to which the complaint is submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.