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Data protection declaration for website operators according to GDPR

I. Name and address of the person responsible

The person responsible within the meaning of the GDPR and other national data protection laws of the member states as well as other data protection regulations is:

Next Kraftwerke Belgium BVBA/SPRL
Next Kraftwerke NL
Paleizenstraat 153 Rue des Palais
(Gebouw/Bâtiment: Lustrerie)
1030 Brussels
Belgium

Phone: +32 (0) 2 342 02 68
E-Mail: info@next-kraftwerke.be
Website: www.next-kraftwerke.be

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

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Ordinance (GDPR) serves as the legal basis. In the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis. If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.

3. Data erasure and storage time

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

IV. Provision of the website

1. Description and scope of data processing

Every time our website is accessed, our web server automatically collects data from the computer system of the calling computer and stores them in secure log files.

This data is:

  • IP address
  • Date and time
  • Websites accessed via the computer system on our homepage
  • browser identification
  • operating system

These data are stored by us for the period of 14 days after the visit of our website.

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 their collection.

5. Possibility of objection

The collection of data for the provision of the website and the storage of data in log files is of utmost importance for the operation of the website and the IT security systems. You have the right to object to the processing by us pursuant to Art. 21 GDPR. However, in our opinion, there is no possibility for you to object to processing when you visit our website, as the processing purposes described are compelling reasons for processing. However, you can avoid processing by no longer visiting our website.

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

There is a contact form on our website which can be used for electronic contact.

If a user takes advantage of this possibility, the following information is collected and stored:

  • 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

All data is processed to generate an e-mail to the employee responsible for you and to use it in the ordinary course of business.

2. Legal basis and purpose of data processing

The legal basis for the processing of data collected in the course of the use of the contact form 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 these data within the meaning of 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 can 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. Your rights as a subject of data processing

If personal data are processed by you, you are affected within the meaning 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.


If such processing has taken place, you can request the following information from us:

  1. the purposes for which we process personal data;
    the categories of personal data processed by us
  2. the recipients or categories of recipients to whom we have disclosed or are still disclosing personal information about you
  3. the planned duration of the storage of the personal data concerning you or,
  4. 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

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

  1. 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;
  2. the processing by us is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
  3. 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
  4. 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.

If the processing of personal data concerning you has been restricted, such data may only be processed - apart from being stored - with your consent 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.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.

4. Right of deletion

a) Duty to delete

You can ask us to delete the personal data concerning you immediately and we are obliged to delete this data immediately if one of the following reasons applies:

  1. (The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. 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.
  3. 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.
  4. The personal data concerning you have been processed unlawfully.
  5. 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.
  6. The personal data concerning you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.

b) Information to third parties

If we have made the personal data concerning you public and we are obliged to delete it pursuant to Art. 17 para. 1 GDPR, we will take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform those responsible for data processing who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

c) Exceptions

  1. The right to cancellation does not exist insofar as the processing is necessary
  2. to exercise freedom of expression and information;
  3. 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 or to perform a task in the public interest or in the exercise of official authority conferred on us;
  4. 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;
  5. 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
  6. 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

You have the right to object at any time to the processing of your personal data in accordance with Article 6(1)(f) of the GDPR for reasons arising from your particular situation.

We will then no longer process the personal data concerning you, unless,

a) we have compelling reasons worthy of protection for the processing which outweigh and prove your interests, rights and freedoms, or
b) the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

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.