1. Definitions
ProcessingThe privacy policy of enerlog AG is based on the terminology used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy aims to be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to explain the terminology used in advance. In this privacy policy, we use the following terms, among others:
a) Personal Data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
b) Data Subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for processing.
c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of limiting its processing in the future.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or Data Controller
Controller or data controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency or another body to which personal data are disclosed whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third Party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who under direct authority of the controller or processor are authorized to process personal data.
k) Consent
Consent means any freely given specific informed and unambiguous indication of the data subject’s wishes by which he/she signifies agreement to the processing of personal data relating to him/her by a statement or by clear affirmative action.
2. Name and Address of the Controller
The controller for purposes of GDPR and other applicable European Union laws regarding data protection is:
enerlog AG
Nymphenburger Str. 29
80335 Munich
Germany
Phone.: 089 – 98 10 44 14
eMail: mail@enerlog.ag
Website: www.enerlog.ag
3. Collection of General Data and Information
Whenever a user accesses our website via an automated system or manually as a visitor/user (data subject), general information and technical details are collected automatically and stored in server log files. The following information may be collected:
-
Browser types and versions used
-
Operating system used by accessing system
-
Referrer URL (the site from which access originated)
-
Subpages visited on our website
-
Date and time of access
-
IP address
-
Internet service provider (ISP) details
-
Other similar technical details useful for IT security
These logs do not allow enerlog AG to identify individual users directly. Instead:
-
They help deliver website content effectively.
-
Optimize our online services.
-
Ensure IT security against cyberattacks.
-
Provide law enforcement with necessary evidence during investigations.
Anonymized server logs are statistically analyzed for improvement purposes but stored separately from any personally identifiable information provided voluntarily elsewhere on our site.
4. Cookies
Our web platform uses cookies—small text files stored locally within browsers—to improve user experience while browsing pages efficiently across sessions/settings/preferences saved locally where applicable.
Many websites and servers use cookies. Numerous cookies contain what is known as a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to associate the cookie with the specific internet browser in which it was stored. This enables visited websites and servers to distinguish the individual browser of the affected person from other internet browsers that contain different cookies. A specific internet browser can thus be recognized and identified via its unique cookie ID.
By using cookies, enerlog AG can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
Cookies allow us to optimize the information and offers on our website for the benefit of users. As mentioned above, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to utilize our website.
The affected person can prevent the setting of cookies by our website at any time by adjusting the settings of their internet browser accordingly, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all commonly used internet browsers. If the affected person deactivates the setting of cookies in their internet browser, not all functions of our website may be fully usable.
The following cookies are set, among others:
-
Language selection
-
SessionId
-
Cookie settings
5. Contact Options via the Website
The website of enerlog AG includes information required by legal regulations to enable swift electronic communication with our company, as well as direct interaction with us. This includes a general address for electronic mail (email address). If an individual contacts the data controller via email or a contact form, any personal data provided by the individual is automatically stored.
Such personal data, voluntarily transmitted by the individual to the data controller, is stored for the purpose of processing or contacting the individual. These personal data will not be shared with third parties.
6. Routine Erasure and Blocking of Personal Data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or as required by applicable laws or regulations issued by the European legislator or another competent authority to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent authority expires, the personal data will be routinely blocked or erased in accordance with legal requirements.
7. Rights of the Data Subject
a) Right to Confirmation
Every data subject has the right, as granted by the European legislator, to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact any employee of the controller at any time.
b) Right of Access
Every data subject affected by the processing of personal data has the right, as granted by the European legislator, to obtain free information from the controller at any time about their stored personal data and to receive a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
- The purposes of processing
- The categories of personal data being processed
- The recipients or categories of recipients to whom the personal data has been or will be disclosed, especially recipients in third countries or international organizations
- Where possible, the planned storage duration for the personal data or, if not possible, the criteria used to determine this duration
- The existence of a right to rectification or erasure of personal data concerning them or restriction of processing by the controller or a right to object to this processing
- The existence of a right to lodge a complaint with a supervisory authority
- If personal data is not collected directly from the data subject: Any available information about its source
- The existence of automated decision-making, including profiling as per Article 22(1) and (4) GDPR, and—at least in these cases—meaningful information about the logic involved and the significance and intended consequences of such processing for the data subject
Additionally, the data subject has a right to know whether their personal data has been transferred to a third country or an international organization. If this is the case, they also have the right to be informed about suitable safeguards related to the transfer.
If a data subject wishes to exercise this right of access, they may contact any employee of the controller at any time.
c) Right to Rectification
Every data subject has the right, as granted by the European legislator, to request the immediate correction of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may contact any employee of the controller at any time.
d) Right to Erasure (Right to Be Forgotten)
Every data subject has the right, as granted by the European legislator, to request from the controller the immediate deletion of personal data concerning them, provided one of the following reasons applies and processing is not required:
- The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- The data subject withdraws their consent on which the processing was based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for processing.
- The data subject objects to the processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for processing, or the data subject objects to processing pursuant to Article 21(2) GDPR.
- The personal data has been unlawfully processed.
- The deletion of personal data is required to fulfill a legal obligation under Union law or Member State law to which the controller is subject.
- The personal data was collected in relation to services offered by the information society pursuant to Article 8(1) GDPR.
If any of the above reasons apply and a data subject wishes to request the deletion of personal data stored by enerlog AG, they may contact any employee of the controller at any time. The employee of enerlog AG will ensure that the deletion request is promptly fulfilled.
If the personal data has been made public by enerlog AG and our company, as the controller, is obligated under Article 17(1) GDPR to delete the personal data, enerlog AG will take reasonable measures, including technical measures, considering available technology and implementation costs, to inform other controllers processing the published personal data that the data subject has requested these controllers delete all links to this personal data or copies or replications of this personal data, provided processing is not required. The employee of enerlog AG will arrange necessary actions on a case-by-case basis.
e) Right to Restriction of Processing
Every data subject has the right, as granted by the European legislator, to request the restriction of processing from the controller if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of its use.
- The controller no longer needs the personal data for processing purposes, but the data subject requires it for the establishment, exercise, or defense of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) GDPR, and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met and a data subject wishes to request the restriction of personal data stored by enerlog AG, they may contact any employee of the controller at any time. The employee of enerlog AG will arrange for the restriction of processing.
f) Right to Data Portability
Every data subject has the right, as granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, as long as the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have their personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact any employee of enerlog AG at any time.
g) Right to Object
Every data subject has the right, as granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
In the event of an objection, enerlog AG will no longer process the personal data unless we can demonstrate compelling legitimate grounds for processing that outweigh the interests, rights, and freedoms of the data subject or for the establishment, exercise, or defense of legal claims.
If enerlog AG processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning them for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to enerlog AG regarding processing for direct marketing purposes, enerlog AG will no longer process their personal data for these purposes.
Additionally, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them which is carried out for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise their right to object, the data subject may directly contact any employee of enerlog AG. The data subject is also free to exercise their right to object in connection with the use of information society services via automated means using technical specifications in accordance with Directive 2002/58/EC.
h) Automated Individual Decision-Making, Including Profiling
Every data subject has the right, as granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, enerlog AG will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests. These measures include at least the right to obtain human intervention from the controller, to express their point of view, and to contest the decision.
If a data subject wishes to exercise their rights concerning automated decision-making, they may contact any employee of enerlog AG at any time.
i) Right to Withdraw Consent Under Data Protection Law
Every data subject has the right, as granted by the European legislator, to withdraw their consent to the processing of personal data at any time.
If a data subject wishes to exercise their right to withdraw consent, they may contact any employee of enerlog AG at any time.
8. Data Protection in Applications and the Application Process
The controller collects and processes the personal data of applicants for the purpose of managing the application process. Processing may also occur electronically, particularly when an applicant submits application documents electronically, such as via email or through a web form provided on the website of the controller.
If the controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of managing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant, the application documents will automatically be deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller prevent deletion. Such legitimate interests may include, for example, evidence obligations in proceedings under the General Equal Treatment Act (AGG).
9. Legal Basis for Processing
Article 6(1)(a) GDPR serves as the legal basis for processing operations in our company where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations required for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary to carry out pre-contractual measures, such as inquiries regarding our services.
If our company is subject to a legal obligation requiring the processing of personal data, such as compliance with tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. In this case, the processing would be based on Article 6(1)(d) GDPR.
Finally, processing operations may be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal grounds if the processing is necessary for the purposes of legitimate interests pursued by our company or a third party, provided that such interests are not overridden by the interests, fundamental rights, and freedoms of the data subject. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. The legislator considered that a legitimate interest could exist if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
10. Legitimate Interests in Processing Pursued by the Controller or a Third Party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit and well-being of all our employees and shareholders.
11. Duration for Which Personal Data Is Stored
The criterion for determining the duration of storage of personal data is the respective statutory retention period. After the expiration of this period, the corresponding data is routinely deleted, provided it is no longer required for contract fulfillment or initiation.
12. Statutory or Contractual Requirements for the Provision of Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Provision
We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contracting party). In some cases, it may be necessary for a data subject to provide us with personal data, which must subsequently be processed by us, in order to conclude a contract. For example, the data subject is obligated to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded.
Before providing personal data, the data subject must contact one of our employees. The employee will clarify on a case-by-case basis whether the provision of personal data is required by law or contract, whether there is an obligation to provide the personal data, and what consequences the non-provision of personal data would have.
13. Existence of Automated Decision-Making
As a responsible company, we do not use automated decision-making or profiling.
This privacy policy was created using the Privacy Policy Generator provided by Dresden External Data Protection Officer in cooperation with RC GmbH, which recycles used notebooks, and the file-sharing attorneys of WBS-LAW.