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Data privacy

Data privacy

sun-X GmbH
An der Erdinger Straße 27
D-85447 Frauenberg

Tel.: +49 (0) 8122 55379 80
E-Mail: info@sun-x.energy

Executive directors: Pascal Liebold & Claudia Grote-Liebold

Commercial register number: HRB 256501 Amtsgericht München

Security and protection of your personal data

We consider it our primary responsibility to maintain the confidentiality of the personal data you provide to us and to protect it from unauthorised access. Therefore, we apply the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European Data Protection Regulation (DSGVO) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.

 

Definitions

The legislator requires that personal data are processed in a lawful manner, in good faith and in a way that is comprehensible to the data subject (“lawfulness, processing in good faith, transparency”). To ensure this, we inform you about the individual legal definitions that are also used in this privacy policy:

  1. Personal data

“Personal data” refers to any information relating to an identified or identifiable natural person (hereinafter “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.

  1. Processing

“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  1. Restriction of processing

“Restriction of processing” means the marking of stored personal data with the aim of limiting their future processing.

  1. Profiling

“Profiling” refers to any automated processing of personal data which consists of using such personal data to evaluate certain personal aspects related to a natural person, in particular to analyse or predict aspects related to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

  1. Pseudonymisation

“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without using additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person.

  1. File system

“File system” means any structured collection of personal data accessible according to specified criteria, whether such collection is maintained in a centralised, decentralised or functional or geographical manner.

  1. Responsible person

“Responsible person” means a natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of 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 designation may be provided for under Union or Member State law.

  1. Processor

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the responsible person.

  1. Receipient

“Recipient” refers to a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether they are a or not a third party. Public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients and the processing of such data by those authorities shall be carried out in compliance with the applicable data protection rules in accordance with the purposes of the processing.

  1. Third party

“Third party” means a natural or legal person, public authority, agency or other body, other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.

  1. Consent

“Consent” of the data subject refers to any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to personal data relating to him or her being processed.

 

Lawfulness of the processing

The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for the processing can be in accordance with Article 6 para. 1
lit. a – f DSGVO can be in particular:

  1. The data subject has given consent to the processing of personal data concerning him or her for one or more specific purposes;
  2. the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the data subject’s request;
  3. processing is necessary for compliance with a legal obligation to which the responsible person is subject;
  4. the processing is necessary in order to protect the vital interests of the data subject or of another natural person;
  5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the responsible person;
  6. processing is necessary for the purposes of the legitimate interests of the responsible person or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.

 

Information on the collection of personal data

(1) In the following, we inform you about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behaviour.

(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, name and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data accruing in this context after the storage is no longer necessary or the processing is restricted if there are legal retention obligations.

 

Collection of personal data when visiting our website

In the case of mere informational use of the website, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure its stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO):

Use of WebProspector technology

This website uses WebProspector GmbH technologies (www.webprospector.de) to collect and store data for marketing purposes and to recognise company prospects. The WebProspector technology determines addresses on the basis of this data, but only in cases where it can ensure that the visitor is a company and not an individual person. The WebProspector technology may receive other characteristics, such as movement data, about the visit and in some cases uses cookies. Cookies are small text files that are stored locally in the cache of the site visitor’s internet browser. The cookies enable the recognition of the internet browser. The collection and storage of data by WebProspector for this website can be objected to at any time with effect for the future. To do so, please click on: https://exclusion.unified-tracking.com/exclusion?cid=8bced9d54fe888d17f8075d84b9613a1.

Further functions and offers of our website

(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you usually have to provide further personal data which we use to provide the respective service and for which the aforementioned data processing principles apply.

(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.

(3) Furthermore, we may pass on your personal data to third parties if we offer promotions, competitions, contracts or similar services together with partners. You will receive more information on this when you provide your personal data or below in the description of the offer.

(4) If our service providers or partners have their registered office in a state outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.

 

Children

Our offer is predominantly directed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

 

Rights of the data subject

(1) Revoking consent

If the processing of personal data is based on a granted consent, you have the right to revoke the consent at any time. The revoking of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revoking occurred.

You can contact us at any time to exercise your right of revocation.

(2) Right to confirmation

You have the right to request confirmation from the responsible person as to whether we are processing personal data related to you. You can request confirmation at any time using the contact details above.

(3) Right of access

If personal data is processed, you can request information about this personal data and about the following information at any time:

  1. purposes of processing
  2. the categories of personal data that are processed;
  3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations;
  4. if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
  5. the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. if the personal data are not collected from the data subject, any available information on the origin of the data;
  8. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the DSGVO and – at least in those cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

If personal data are transferred to a third country or to an international organisation, you have the right to be informed about the appropriate safeguards pursuant to Article 46 of the DSGVO in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. We may charge a reasonable fee based on administrative costs for any further copies you request from the individual. If you make the request electronically, the information shall be provided in a commonly used electronic format, unless it indicates otherwise. The right to receive a copy under paragraph 3 shall not prejudice the rights and freedoms of other persons.

(4) The right of rectification

You have the right to request that we correct any inaccurate personal data relating to you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary declaration.

(5) Right to erasure (“right to be forgotten”)

You have the right to request the responsible person to delete personal data in question without delay and we are obliged to delete personal data without delay if one of the following reasons applies:

  1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the DSGVO and there is no other legal basis for the processing.
  3. The data subject objects to the processing in accordance with Article 21(1) of the DSGVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the DSGVO.
  4. The personal data have been processed unlawfully.
  5. The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  6. The personal data have been collected in relation to information society services offered in accordance with Article 8(1) of the DSGVO.

In the event that the responsible person has made the personal data public and is obliged to erase it pursuant to paragraph 1, it shall take reasonable steps, including technical measures, with regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that a data subject has requested that they erase all links to, or copies or replications of, that personal data.

The right to erasure (“right to be forgotten”) does not exist insofar as the processing is necessary:

 

(6) Right to restrict processing

You have the right to request us to restrict the processing of your personal data if one of the following conditions is met:

  1. the accuracy of the personal data is contested by the data subject for a period enabling the responsible person to verify the accuracy of the personal data,
  2. the processing is unlawful and the data subject refuses the erasure of the personal data and instead requests the restriction of the use of the personal data;
  3. the responsible person no longer needs the personal data for the purposes of processing, but the data subject needs them for the establishment, exercise or defence of legal claims, or
  4. the data subject has objected to the processing pursuant to Article 21(1) of the DSGVO, as long as it has not yet been determined whether the legitimate grounds of the responsible person override those of the data subject.

Where processing has been restricted in accordance with the above conditions, such personal data shall – apart from being stored – only be processed with the consent of the data subject or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.

In order to exercise the right to restrict processing, the data subject may contact us at any time using the contact details provided above.

(7) Right of data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that:

  1. the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) of the DSGVO; and
  2. the processing is carried out with the aid of automated procedures.

When exercising the right to data portability in accordance with paragraph 1, you have the right to have the personal data transferred directly from one responsible person to another responsible person where this is technically feasible. The exercising of the right to data portability is without prejudice to the right to erasure (“right to be forgotten”). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right to object

You have the right to object at any time, on grounds related to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. The controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If personal data are processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In the context of the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by means of automated procedures using technical specifications.

You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes, or for statistical purposes as referred to in Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.

You may exercise the right to object at any time by contacting the relevant responsible person.

(9) Automated decisions in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

  1. is necessary for the conclusion or performance of a contract between the data subject and the responsible person,
  2. is authorised by Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
  3. mit ausdrücklicher Einwilligung der betroffenen Person erfolgt.

The responsible person shall take reasonable steps to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which include at least the right to obtain the intervention of a person on the part of the responsible person, to express his or her point of view and to contest the decision.

The data subject may exercise this right at any time by contacting the responsible person.

(10) Right to complain to a supervisory authority

They shall also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, place of work or the place of the alleged infringement, if the data subject considers that the processing of personal data relating to them infringes this regulation. 

(11) Right to an effective judicial remedy

Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 of the DSGVO, they shall have the right to an effective judicial remedy if they consider that their rights under this Regulation have been infringed as a result of the processing of their personal data not in compliance with this regulation.

 

Use of Google Analytics

(1) This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymisation is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

(2) The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

(3) You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. In addition, you can prevent the collection of the data generated by the cookie and related to your use of the website (incl. your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

(4) This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are processed in abbreviated form, which means that personal references can be ruled out. If the data collected about you is related to a person, this is immediately excluded and the personal data is deleted immediately.

(5) We use Google Analytics to analyse and regularly improve the use of our website. The statistics obtained enable us to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 S. 1 lit. f DSGVO.

(6) Third party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.

(7) This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under “My data”, “Personal data”.

(8) Alternatively, you can prevent Google Analytics from collecting data about you within this website by clicking on Click here to opt-out. , dass Google Analytics innerhalb dieser Website Daten über Sie erfasst. Mit dem Klick auf obigen Link laden Sie ein „Opt-Out-Cookie“ herunter. Ihr Browser muss die Speicherung von Cookies also hierzu grundsätzlich erlauben. Löschen Sie Ihre Cookies regelmäßig, ist ein erneuter Klick auf den Link bei jedem Besuch dieser Website vonnöten.

Use of Social-Media-Plugins

(1) We currently use the following social media plug-ins: Facebook. We use the so-called two-click solution. This means that when you visit our site, no personal data is initially passed on to the providers of the plug-ins. You can recognise the provider of the plug-in by marking the box with its initial letter or logo. We give you the opportunity to communicate directly with the provider of the plug-in via the button. Only if you click on the marked box and thereby activate it, the plug-in provider receives the information that you have called up the corresponding website of our online offer. In addition, the data mentioned under § 3 of this declaration is transmitted. In the case of Facebook and Xing, according to the respective providers in Germany, the IP address is anonymised immediately after collection. By activating the plug-in, your personal data is transmitted to the respective plug-in provider and stored there (in the case of US providers, in the USA). Since the plug-in provider collects the data in particular via cookies, we recommend that you delete all cookies via your browser’s security settings before clicking on the greyed-out box.

(2) We have no influence on the collected data and data processing procedures, nor are we aware of the full extent of the data collection, the purposes of the processing, the storage periods. We also have no information on the deletion of the collected data by the plug-in provider.

(3) The plug-in provider stores the data collected about you as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (also for users who are not logged in) for the display of needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. Via the plug-ins, we offer you the opportunity to interact with the social networks and other users so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plug-ins is Art. 6 para. 1 S. 1 lit. f DSGVO.

(4) The data transfer takes place regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in to the plug-in provider, your data collected by us will be directly assigned to your account with the plug-in provider. If you click the activated button and, for example, link to the page, the plug-in provider also saves this information in your user account and shares it publicly with your contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, as this will help you avoid being assigned to your profile with the plug-in provider.

(5) Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the data protection declarations of these providers communicated below. There you will also receive further information on your rights in this regard and setting options for protecting your privacy.

(6) Addresses of the respective plug-in providers and URL with their data protection notices:

  1. Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php;
    further information for data collection: http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other#applications as well ashttp://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook hat sich dem EU-US-Privacy-Shield unterworfen, https://www.privacyshield.gov/EU-US-Framework.


Integration of Google Maps

(1) On this website, we use the Google Maps service. This allows us to show you interactive maps directly on the website and enables you to use the map function conveniently.

(2) By visiting the website, Google receives the information that you have accessed the corresponding sub-page of our website. In addition, the data mentioned under § 3 of this declaration will be transmitted. This occurs regardless of whether Google provides a user account via which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish your data to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right.

(3) Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the provider’s privacy policy. There you will also receive further information on your rights in this regard and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.