A. Responsible entity
www.deltaenergysystems.com (hereinafter referred to as „website“) is an offer of Delta Energy Systems (Germany) GmbH, Coesterweg 45, 59494 Soest, Email: email@example.com.
B. General information
Our company, Delta Energy Systems (Germany) GmbH (hereinafter referred to as „Delta Energy Systems“), is pleased about your visit to our website and your interest in our company, our products and services. The protection of your personal data collected, processed and used when visiting our website is a matter of great importance to us. In the following, we explain to you what kind of information we collect during your visit to our website and how we use it.
C. Purpose, legal basis and storage period
I. Visit to the website
Purpose: Every time a user accesses a website of Delta Energy Systems, personal data of this process is stored in a log file. This is for internal, system-based and statistic purposes only. In detail, the following data set is stored for each access:
• Name of file accessed
• Date and time of access
• Data volume transferred
• Notification whether access was successful
• Description of type of web browser used
• Requesting domain.
This data is only collected for the purpose of data security and to optimise our web offer.
Legal basis: We process the personal data mentioned above, based on our overriding interest according to art. 6, para 1, (1) lit. f GDPR in order to make the website technically available to you. Our legitimate interest is to provide you with an attractive, technically functional and user-friendly website and to take measures to protect our website from cyber risks and prevent our website from posing cyber risks to third parties.
Storage period: If you just visit our website, we only store your personal data on our servers for the duration of your visit to our website. Our server deletes the data given immediately after leaving our website.
II. User requests
Purpose: You can send us requests using our contact form or our email address. In any case, we need your name, your company, your email address and your telephone number in order to be able to send you a reply. Apart from that, you can provide voluntary information or we process the information that you send us in the context of your message.
Legal basis: We process your personal data to answer user requests in compliance with the following legal basis:
• to protect our legitimate interests in accordance with art. 6 para 1 (1) lit. f GDPR; our legitimate interest lies in the appropriate response of user requests and the personalised approach;
• in case the request is targeted to concluding a contract, the additional legal basis is art. 6 para 1 (1) lit. b GDPR.
Storage period: As a rule, we store your personal data for these purposes for the duration of responding to the request or for the duration of the business relationship, e.g. in case a contract is concluded. This includes the initiation of a contract (pre-contractual legal relationship) and the processing of a contract. Apart from that, the storage durations mentioned below apply with regard to the compliance with a legal obligation or for law enforcement.
Purpose: With your consent, we use your data for promotional purposes, especially for transmitting our newsletter. We collect mandatory data such as your email address, but also information that you submit to us on a voluntary basis.
In case we receive your email address in connection with the conclusion of the contract and the provision of our products and you have not objected to this, we reserve the right to send you offers of similar products from our range by email on a regular basis. You can object to this use of your email address at any time by using one of the contact options described below or by using the link in the relevant email, without incurring additional costs other than the transmission costs according to the basic rates.
• Art. 6 para. 1 (1) lit. a GDPR based on your consent;
• provided that you have given us your email address in connection with the purchase of products or services, to protect our legitimate interests in accordance with art. 6 para 1 (1) lit. f GDPR in connection with § 7 para 3 UWG; our legitimate interest is based on our economic interests in the implementation of promotional activities and target-oriented advertising.
Storage period: We store your data for the duration of the subscription of our newsletter or until your consent has been withdrawn or until we receive your objection. Apart from that, the storage durations mentioned below apply with regard to the compliance with a legal obligation or for law enforcement.
IV. Compliance with legal obligations
Purpose: In addition, we process your personal data to comply with other legal obligations. These can come up in connection with business communication, among other cases. In particular, this includes retention periods under trade, commercial or tax law (e.g. §§ 238, 257 para 4 HGB or § 147 para 3, 4 AO).
Legal basis: We process your personal data in compliance with the following legal basis:
• to comply with a legal obligation which we are subject to according to art. 6 para 1 lit. c GDPR in connection with commercial, trade or tax law, to the extent that we are legally required to record and store your data.
Storage period: We store your data to comply with legal obligations, initially for the duration of the legal obligation to retain data. This period can vary between two and ten years. For this period, the data will be processed again only in the case of a review by e.g. the financial authorities. Any further storage may then be considered for law enforcement purposes.
V. Law enforcement
Purpose: In addition, we store your personal data to assert our rights and to enforce our legal claims. We also process your personal data to defend ourselves against legal claims. Finally, we process your personal data insofar as this is necessary for the prevention or prosecution of criminal offences.
Legal basis: We process your personal data for this purpose in compliance with the following legal basis:
• to protect our legitimate interests in accordance with art. 6 para 1 (1) lit. f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or prevent or investigate criminal offences;
• Art. 17. para 3 lit. e GDPR for the assertion, exercise or defence of legal claims in case of a potential obligation to delete personal data.
Storage period: We store your personal data until the commencement of the statute of limitations for any legal claims arising from the relationship with you in order to use them as evidence, if necessary. Usually, the statutory period of limitation is between one and three years, but can also be up to thirty years. In case of a pending lawsuit, we store your personal data until it is finally closed.
D. Categories of recipients of personal data
Your data will only be passed on to third parties if this is permitted or required by law or if you have agreed to it. We also share your data to the extent required with our service providers in order to be able to provide our services. We limit the disclosure of data to what is necessary to provide our services to you. In some cases, our service providers receive your data as processors and are then strictly bound by our instructions when handling your data. In some cases, the recipients act independently with your data that we disclose to them.
In the following, we provide you with the categories of the recipients of your data:
• Associated companies within the group as far as they are working for us as processors or independently and e.g. provide IT services or as far as this is necessary for providing our services or your requests concern these;
• IT service providers in the process of hosting or design of the website;
• Service providers for sending the newsletter;
• Legal advisors for the assertion of our claims;
• Public authorities and institutions insofar as we are legally obliged to do so;
Furthermore, we can exchange your personal data within our globally active company group, e.g. to subsidiaries that require this data to fulfil our, and/or their own contractual and statutory obligations or require the data based on legitimate interests. These may be economic, administrative or other internal business purposes; this is only applicable insofar as your interests, basic rights, or fundamental freedoms that require the protection of personal data, do not prevail.
Apart from that, we will not pass on your data to third parties.
E. Transfer to third countries
We do business worldwide. Your personal data may therefore be transferred to countries outside the European Union to other parts of our group of companies. Transfer of data to countries outside the European Union or the EEA (so-called third countries) only occurs insofar as this is necessary or legally required in the context of handling of our contractual relationships (e.g. tax reporting requirements), in case you have given us your consent or in the context of the processing of an order. The transfer of data to recipients based in a third country will be done in compliance with art. 44 ff. GDPR; as a rule, they are bound by the agreement of the EU standard contractual clauses to respect the level of data protection in Europe. Alternatively, we transmit the data based on the Binding Corporate Rules.
Apart from that, we will not pass on your data to countries outside the EU or the EEA or to international organisations.
F. Data subject rights
If personal data about you is processed, you are a “data subject” in the sense of the GDPR. You have the following rights against us as the responsible entity:
• Right to information: You can request information about whether we process your personal data. Should this be the case, you have the right to receive information about this personal data as well as further information relating to the processing (art. 15 GDPR). Please note that this right to information can be limited or excluded in certain cases.
• Right to correction: In case that personal data about you is not or no longer correct or complete, you have the right to request correction or completion of your data. (art. 16 GDPR).
• Right to deletion or restriction of use: If the legal requirements are met, you can request deletion (art. 17 GDPR) or restriction of use (art. 18 GDPR) of your personal data. The right to deletion according to art. 17 para 1 and 2 GDPR does not exist, inter alia, where the processing of personal data is necessary to comply with a legal obligation (art. 17 para. 3 lit. b GDPR).
• Right to object: For reasons relating to your particular situation you can object to the processing of your personal data at any time (art. 21 GDPR). If the legal requirements are met, we will subsequently no longer process your personal data.
• Right to data portability: Under the conditions laid down in art. 20 GDPR, you have the right to be provided with the data that you have submitted to us in a structured, common and machine-readable format.
• Right of revocation: You have the right to revoke your consent at any time. The revocation only takes effect for the future; this means that the revocation does not affect the lawfulness of the processing carried out based on the consent given until the revocation.
• Right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority – particularly in the member state of your residence – if you believe that the processing of your personal data by us contravenes the GDPR. The supervisory authority responsible for us is:
Landesbeauftragte für Datenschutz und Informationsfreiheit
Postfach 20 04 44
Tel.: +49 211/38424-0
Fax: +49 211/38424-10
We recommend, however, to always first address a complaint to our data protection officer (for contact details see point G).
Wherever possible, please address your requests to exercise your rights in writing to the address given in point A. or to our data protection officer (for contact details see point G.)
G. Contact data of the data protection officer
If you have any questions regarding the processing of your personal data or if you wish to exercise your rights as a data subject, please get in touch with our data protection officer whom you can contact either by email firstname.lastname@example.org or by mail: Silvia C. Bauer; c/o Luther Rechtsanwaltsgesellschaft, Anna-Schneider-Steig 22, 50678 Köln, Germany.
H. Scope of your obligations to provide data
In principle, you are not obliged to provide us with your personal data. However, if you fail to do so, we may be unable to provide you with full access to our website, answer your questions, send you information, etc.
I. Automated decision-making and profiling
We do not use procedures for automated decision-making and profiling in the sense of the GDPR.
Right of objection under art. 21 GDPR
You have the right to object to the processing of your data at any time, which is carried out on the basis of art. 6 para. 1 (1) lit. f GDPR (data processing based on a balancing of interests) or art 6 para 1 (1) lit. e GDPR (data processing in the public interest) if there are reasons for doing so which arise from your particular situation. This also applies to profiling based on this provision in the sense of art. 4 no. 4 GDPR.
If you object, we will no longer process your personal data unless we can prove compelling legitimate reasons for processing that outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
If we also process your personal data for the purpose of direct marketing, you have the right to object to the processing of your personal data at any time for the purpose of such marketing; this includes profiling, where it is linked to such direct marketing. If you object to processing for the purposes of direct marketing, we will no longer process your personal data for those purposes.
The objection can be made without any formal requirement and you should send it to the address mentioned above.
Soest, August 2020