Data protection information in accordance with the General Data Protection Regulation (GDPR)
Your trust is important to us. E-Stream GmbH & Co. KGaA takes the protection of your personal data very seriously. Personal data are only collected, processed or used if the data subject has given their consent, if they are required for the performance of a contract or if a law permits or prescribes the collection, processing or use. With this data protection declaration we would like to inform you about the details of the data collection and data processing as well as about your rights in this context.
E-Stream GmbH & Co KGaA
represented by the general partner
E-Stream Management GmbH
Postal address: Wilhelmshofallee 83, 47800 Krefeld
Tel: 02151 - 74771 -45
Fax: 02151 - 74771 -50
Mandatory information about the general partner:
Postal address: Wilhelmshofallee 83, 47800 Krefeld
Managing Director: Thomas Krämer, Dirk Köster
Headquarters: Duisburg
Register entry: HRB 17330 at the Duisburg District Court
Mandatory information about E-Stream GmbH & Co KGaA:
Headquarters: Duisburg
Register entry: HRB 32525 at the Duisburg District Court
VAT ID No .: DE328016240
Responsible for the content according to § 55 Abs. 2 RStV:
Thomas Krämer c / o
E-Stream GmbH & Co KGaA
Wilhelmshofallee 83
47800 Krefeld, Germany
2. Basic information on the processing of personal data
Personal data is all information that relates to an identified or identifiable natural person (hereinafter “data subject”). A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special features that express the physical , physiological, genetic, psychological, economic, cultural or social identity of this natural person.
E-Stream GmbH & Co KGaA generally only processes personal data if the user gives his consent or if the data processing is permitted by law. The legal basis is Article 6, Paragraph 1 of the EU General Data Protection Regulation (GDPR). According to this regulation, the processing of personal data is only permitted if the person concerned consents (Art. 6 Paragraph 1 Letter A GDPR) or the processing is necessary for one of the following purposes:
To fulfill a contract with the person concerned or to carry out pre-contractual measures at the request of the person concerned (Art. 6 Paragraph 1 lit. b GDPR).
To fulfill a legal obligation of our company (Art. 6 Paragraph 1 lit. c GDPR).
To protect the vital interests of the data subject or another natural person (Art. 6 Paragraph 1 lit. d GDPR).
To perform a task that is in the public interest or that has been assigned to our company by the public administration (Art. 6 Paragraph 1 lit. e GDPR).
To safeguard a legitimate interest of our company or a third party, unless the interests, fundamental rights and freedoms of the data subject for the protection of personal data prevail (Art. 6 Paragraph 1 lit. f GDPR).
3. Storage duration and data deletion
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by law. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data in order to conclude or fulfill a contract. Prescribed storage periods in this sense are, for example, retention periods under tax law or commercial law.
4. Recording of access data (creation of log files)
The website of E-Stream GmbH & Co KGaA automatically collects general data and information from the computer system of the calling computer each time it is accessed, which is stored in the server's log files. The following data and information are recorded:
Browser type including version used
Operating system used by the calling computer
Date and time of the call
IP address of the user
Internet service provider of the user
Website from which our website is accessed
Websites and sub-websites that are accessed from our website
Other similar data and information used to avert threats in the event of attacks on our system
The data is stored anonymously in the log files of our system. There is no link with other personal data of the user, E-Stream GmbH & Co KGaA does not draw any conclusions about the person concerned.
The legal basis for data processing is Article 6 (1) (f) GDPR. The storage is necessary to ensure the functionality of our website and the correct presentation of the content. Furthermore, the data serve our statistics and the constant optimization of our content. Finally, it is stored in order to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack.
The data will not be passed on to third parties unless there is a statutory disclosure requirement.
Since the collection and storage of the data in the log files is absolutely necessary for the trouble-free operation of the website, there is no possibility for the user to object.
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. Insofar as the survey was carried out for the functional provision of the website, this is the case when the internet session ends.
5. Cookies
We use cookies on our website. Cookies are text files which our server stores on your computer and which stores certain data. Cookies usually contain a characteristic string of characters that enables the Internet browser to be clearly assigned when the user visits the website again. This enables the calling browser to be recognized and identified.
Cookies help us to make it easier for you to use the website. Through the recognition of the browser and the storage of previously entered data, the offers and contents of our website can be individually optimized in that the data you enter (e.g. access data, search terms) do not have to be re-entered each time you visit the website. The legal basis for this is Article 6 (1) (f) GDPR.
In addition, we use cookies on our website that enable an analysis of the surfing behavior of the users. However, the data collected in this way is pseudonymised, ie the personal data is replaced by other identifiers (pseudonyms) so that the person concerned can no longer be identified without the use of additional information. Since your consent is obtained when you access the website, the legal basis for processing personal data using analysis cookies is Article 6 (1) (a) GDPR.
Since cookies are stored on the user's computer, you as the user also have full control over the use of cookies. You can deactivate or restrict the transfer of cookies by changing the settings in your internet browser. You can delete cookies that have already been saved at any time. However, if cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
6. Registration on our website
You have the option of registering as a user on our website. The data will be entered by you in an input mask, transmitted to us and saved by us. Which personal data are affected by this can be seen from the input mask. In addition, your IP address and the date and time of registration are also saved. At the end of the registration process, we will again obtain the user's consent for data processing. The legal basis for the processing of personal data is therefore Article 6 (1) (a) GDPR. As far as the storage of the IP address is concerned, the legal basis is also Article 6 (1) (f) GDPR. The data will not be passed on to third parties unless there is a statutory disclosure requirement.
The registration of the data subject with the voluntary provision of personal data enables the data controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. The other data is stored to prevent or detect misuse of the website and to ensure the security of our system.
As a registered user, you have the option at any time to change or completely delete the personal data provided during registration. To do this, you can use the functions contained in your account or inform us of your request to change or delete the data in writing or by e-mail.
7. Contact form and email contact
The website of E-Stream GmbH & Co KGaA has a contact form that can be used to contact our company electronically. The data entered by the user in the input mask are transmitted to us and stored. In addition, the user's IP address and the date and time of transmission are also saved. The consent of the user is obtained for the processing of the data as part of the sending process. The legal basis for processing is therefore Article 6 (1) (a) GDPR. As far as the storage of the IP address is concerned, the legal basis is also Article 6 (1) (f) GDPR.
Alternatively, you can contact us via the email address given on our website. In this case, in addition to the e-mail address, the personal data listed by the user in the e-mail are transmitted. The legal basis for this is Article 6 (1) (f) GDPR.
The processing of the data transmitted via the contact form or by email is only used to establish the desired contact. The other data is stored to prevent or detect misuse of the website and to ensure the security of our system. The data will not be passed on to third parties unless there is a statutory disclosure requirement.
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. As far as the data transmitted by the user in the contact form or in the e-mail is concerned, this is the case when the relevant communication has ended, unless the communication content is still legally relevant.
The data subject has the option at any time to revoke their consent to data processing or to object to the use of the data. In this case, the intended contact with the user is no longer possible or communication that has already started cannot be continued.
8. Subscription to our newsletter
You can subscribe to our company's newsletter on the E-Stream GmbH & Co KGaA website. Which personal data is transmitted to us and stored by us when ordering the newsletter results from the input mask used for this purpose. In addition, the user's IP address and the date and time of transmission are also saved. The consent of the user is obtained for the processing of the data as part of the registration process. The legal basis for processing is therefore Article 6 (1) (a) GDPR. As far as the storage of the IP address is concerned, the legal basis is also Article 6 (1) (f) GDPR. The data will not be passed on to third parties unless there is a statutory disclosure requirement.
The processing of the data transmitted by the user by entering it in the registration form is necessary in order to send the newsletter. Any further use does not take place. The storage of the IP address is necessary to prevent or detect misuse (especially of the email address) and to ensure the security of our system.
The person concerned can unsubscribe from the newsletter at any time and thus revoke their consent to the dispatch. For this purpose, a corresponding link is provided in every newsletter email sent. In this case - as with any other objection to the use of data that is possible at any time - the personal data that we have saved as part of the newsletter subscription will be deleted. The data is therefore stored as long as the subscription to the newsletter is active.
9. Newsletter tracking
When sending newsletters, E-Stream GmbH & Co KGaA collects statistical data. This is done using a so-called tracking pixel. This is an invisible miniature graphic that is embedded in the newsletter email and is downloaded to the user's computer when the email is opened. The same applies if the user clicks on the links provided in the email. With the download of the tracking pixel, the time, the IP address of the user and the browser type used are transmitted to our server and saved. The legal basis for this is Article 6 (1) (f) GDPR.
The processing of the data serves to optimize the newsletter. It enables a statistical analysis of whether and when an e-mail was opened and which links in the e-mail were accessed. In this way, the acceptance of the newsletter can be measured and appropriate adjustments can be made for future newsletters, both in terms of technology and content, in order to optimize usage based on needs. There is no transfer of the data to third parties.
Affected persons can object to the processing of the data at any time by unsubscribing from the newsletter they have subscribed to (see subscribing to our newsletter). In this case, personal data saved by E-Stream Energy GmbH & Co. KG in this context will be deleted.
10. Data protection in applications
People can send applications to us electronically (e.g. by e-mail or using an application form available on the website). In this case, the personal data transmitted is collected and processed for the purpose of carrying out the application process and thus for the potential initiation of an employment relationship. The legal basis for this is Article 6 (1) (b) GDPR. If an employment contract is then concluded with us, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If no employment contract is concluded, deletion takes place within two months of the announcement of the rejection decision, provided this does not conflict with any other legitimate interests of our company. Such a legitimate interest is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG). or to object to the use of the data. In this case, the intended contact with the user is no longer possible or communication that has already started cannot be continued.
11. Use of social plug-ins
We have integrated plug-ins from social networks on our website. If the person concerned is registered with the respective social network when accessing our website and is also logged in, this recognizes which specific subpage of our website the person concerned is calling up. This information is collected by the operator of the social network and assigned to the data subject's account there. We have no influence on the type and scope of the data that is collected, stored and processed by the operator of the social network. For more information, please contact the operator of the respective social network.
In order to prevent data about you from being processed by the operator of the respective social network, you must log out of the relevant network before calling up our website. In addition, you can use special tools that block data transfer (e.g. Facebook blockers).
We have integrated the social media plug-ins of the following companies on our website:
Facebook Inc.
https://de-de.facebook.com/about/privacy/
https://www.instagram.com/about/legal/privacy
12. Use of Google Analytics
We use the Google Analytics analysis service on our website. Google Analytics saves cookies on your computer and thus enables an analysis of your use of the website. The information generated by the cookie, including your IP address, is usually transferred to a Google server in the USA and stored there. However, the transmitted data is anonymized beforehand. On our behalf, Google will statistically evaluate the information transmitted in order to compile reports on website activity and to provide us with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
To prevent this, you can deactivate or restrict the transmission of cookies in the settings of your Internet browser. You can delete cookies that have already been saved at any time. However, if cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
13. Use of Google Remarketing
This website uses the remarketing function of Google Inc. The function is used to present interest-based advertisements to website visitors within the Google advertising network. A so-called “cookie” is stored in the browser of the website visitor, which makes it possible to recognize the visitor when he visits websites that belong to the Google advertising network. On these pages, the visitor can be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google's remarketing function.
According to its own information, Google does not collect any personal data during this process. If you still do not want Google's remarketing function, you can always deactivate it by making the appropriate settings at http://www.google.com/settings/ads. Alternatively, you can deactivate the use of cookies for interest-based advertising via the advertising network initiative by following the instructions at http://www.networkadvertising.org/managing/opt_out.asp.
14. Data protection declaration for the use of Google Adsense
This website uses Google AdSense, a service for integrating advertisements from Google Inc. (“Google”). Google AdSense uses so-called “cookies”, text files that are stored on your computer and that enable an analysis of the use of the website. Google AdSense also uses so-called web beacons (invisible graphics). These web beacons can be used to evaluate information such as visitor traffic on these pages.
The information generated by cookies and web beacons about the use of this website (including your IP address) and the delivery of advertising formats are transmitted to a Google server in the USA and stored there. This information can be passed on by Google to contractual partners of Google. However, Google will not merge your IP address with other data stored about you.
You can prevent the installation of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. By using this website, you consent to the processing of the data collected about you by Google in the manner described above and for the purpose stated above.
15. Data protection declaration for the use of Google 1
Collection and dissemination of information:
You can publish information worldwide using the Google 1 button. You and other users receive personalized content from Google and our partners via the Google 1 button. Google saves both the information that you have given 1 for content and information about the page that you viewed when you clicked 1. Your 1 can be displayed as a reference along with your profile name and photo in Google services, such as in search results or in your Google profile, or in other places on websites and advertisements on the Internet.
Google records information about your 1 activities in order to improve Google services for you and others. In order to be able to use the Google 1 button, you need a globally visible, public Google profile that must contain at least the name chosen for the profile. This name is used in all Google services. In some cases, this name can also replace another name that you used when sharing content via your Google account. The identity of your Google profile can be shown to users who know your e-mail address or have other identifying information about you.
Use of the information collected:
In addition to the purposes outlined above, the information you provide will be used in accordance with the applicable Google data protection provisions. Google may publish summarized statistics about the 1 activities of users or pass them on to users and partners, such as publishers, advertisers or linked websites.
Source reference: Data protection declaration Google 1
16. Google AdWords
Our website uses Google conversion tracking. If you have reached our website via an advertisement placed by Google, Google Adwords will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages on our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Every Google AdWords customer receives a different cookie. Cookies cannot therefore be tracked via the websites of AdWords customers. The information obtained using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers find out the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.
If you do not want to participate in the tracking, you can refuse the setting of a cookie required for this - for example via a browser setting that generally deactivates the automatic setting of cookies or set your browser so that cookies from the “googleleadservices.com” domain are blocked.
Please note that you must not delete the opt-out cookies as long as you do not want measurement data to be recorded. If you have deleted all of your cookies in your browser, you have to set the respective opt-out cookie again.
17. Use of Facebook retargeting
This website uses the retargeting function of Facebook Ireland Limited. The function is used to present interest-based advertisements to website visitors within the Facebook advertising network. A so-called "cookie" is stored in the browser of the website visitor, which makes it possible to recognize the visitor when he visits websites that belong to the Facebook advertising network. On these pages, the visitor can be presented with advertisements that relate to content that the visitor has previously accessed on websites that use the retargeting function of Facebook.
According to its own information, Facebook does not collect any personal data during this process. If you still do not want Facebook's retargeting function, you can always deactivate it by making the appropriate settings at http://www.facebook.com/settings/?tab=ads.
18. Third-party content and services on the deployment and use of YouTube
Our website also contains content and services from third party providers, e.g. videos from YouTube or maps from Google Maps. When you access this content / services via our website, your IP address is usually transmitted to the respective third party provider. This enables these third-party providers to process your user IP address. Even if we endeavor to only involve third-party providers who use IP addresses solely to deliver the content, we have no influence on how the third-party provider concerned uses the data received. For more information, please contact the respective third party provider.
19. Your rights as a data subject
If your personal data is processed, you are the data subject within the meaning of the GDPR and you have the following rights towards us as the person responsible:
a) Right to confirmation and information, Art. 15 GDPR
You can request confirmation from us at any time as to whether we are processing personal data relating to you. If this is the case, you have the right to be informed by us about the following circumstances:
the categories of personal data that are processed;
the recipients or the categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
the planned duration of the storage of your personal data or, if specific information on this is not possible, criteria for determining the storage duration;
the existence of a right to correction or deletion of your personal data, a right to restrict processing by the person responsible or a right to object to this processing;
the existence of a right of appeal to a supervisory authority;
all available information on the origin of the data if the personal data are not collected from the data subject;
the existence of automated decision-making including profiling in accordance with Art. 22 Para. 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
In addition, you have a right to information as to whether personal data is transmitted to a country that is not a member of the EU (so-called third country) or to an international organization. In this context, you can request to be informed about the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transmission.
b) Right to rectification, Art. 16 GDPR
You have the right to request that we correct any incorrect personal data concerning you without delay. Furthermore, you have the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - also by means of a supplementary declaration.
c) Right to cancellation (right to be forgotten), Art. 17 GDPR
You can request that we delete your personal data immediately if one of the following reasons applies:
The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
You revoke your consent on which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) GDPR, and there is no other legal basis for the processing.
You object to the processing according to Art. 21 Paragraph 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing according to Art. 21 Paragraph 2 GDPR.
The personal data concerning you have been processed unlawfully.
The deletion of your personal data is required to fulfill a legal obligation under Union law or the law of the member states to which the person responsible is subject.
The personal data relating to you was collected in relation to the information society services offered in accordance with Art. 8 Para. 1 GDPR.
If the relevant personal data has been made public by E-Stream GmbH & Co KGaA and we are obliged to delete the personal data in accordance with the above principles, we are also obliged to inform other data controllers that you are the data subject Person have requested the deletion of all links to this personal data or of copies or replications of this personal data.
In this regard, we take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, in order to meet these obligations, at least insofar as the processing is no longer required, i.e. legal requirements stipulate this or legitimate interests of deletion conflict.
d) Right to restriction of processing, Art. 18 GDPR
You can request that we restrict the processing of your personal data under the following conditions:
The accuracy of the personal data is contested for a period of time that enables the person responsible to check the accuracy of the personal data.
The processing is unlawful and instead of a deletion you request the restriction of the use of the personal data.
We no longer need the personal data for processing purposes, but you need this data to assert, exercise or defend legal claims.
You have lodged an objection to the processing in accordance with Article 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of E-Stream GmbH & Co KGaA outweigh your reasons.
If the processing of your personal data has been restricted, this data - apart from its storage - may only be used with your consent or for the establishment, exercise or defense of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest processed by the Union or a Member State. In this case, you will also be informed by us before the restriction is lifted.
e) Right to be informed
If you have asserted the right to correction, deletion or restriction of processing, we are obliged to notify all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. In this respect, you can ask us to be informed about these recipients.
f) Right to data portability ("data portability")
You have the right to receive the personal data concerning you that you have made available to us in a structured, common and machine-readable format. Furthermore, you have the right to transfer this data to another person responsible without hindrance from the person responsible to whom the personal data was provided, provided that the processing is based on the consent pursuant to Art. 6 Para. 1 Letter a GDPR or Art. 9 Para. 2 letter a GDPR or on a contract in accordance with Art. 6 para. 1 letter b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or is carried out in the exercise of official authority , which was assigned to the person responsible.
Furthermore, when exercising your right to data portability in accordance with Art. 20 (1) GDPR, you can request that the personal data be transmitted directly from one person in charge to another person in charge, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other people be affected.
g) Right to withdraw consent under data protection law, Art. 7 Para. 3 GDPR
If you have given consent under data protection law, you have the right to revoke this consent at any time with effect for the future. This also applies to the revocation of declarations of consent that were given to us before the General Data Protection Regulation came into effect, i.e. before May 25, 2018. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.
If you want to make use of your right of withdrawal, please send an email to datenschutzbeauftragter@estream-energy.com or send the objection to the business address E-Stream GmbH & Co KGaA, Wilhelmshofallee 83, 47800 Krefeld, Germany.
h) 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 has legal effect on you or which significantly affects you in a similar manner, provided that the decision
is not required for the conclusion or performance of a contract between you and E-Stream GmbH & Co KGaA
or
is permissible on the basis of legal provisions of the Union or of the member states to which the person responsible is subject and these legal provisions contain appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject
or
takes place with the express consent of the data subject.
However, these decisions may not be based on special categories of personal data according to Art. 9 Paragraph 1 GDPR, unless Art. 9 Paragraph 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests .
If the decision is necessary for entering into, or the performance of, a contract between the person concerned and the person responsible, or if it is made with the express consent of the person concerned, E-Stream Energy GmbH & Co. to protect the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the person responsible, to present one's own point of view and to contest the decision.
i) Right to lodge a complaint with the supervisory authority, Art. 77 GDPR
Regardless of your existing rights against us, you also have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of your personal data is being processed violates the GDPR. The supervisory authority to which the complaint was submitted will inform you of the status and the results of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.
20. Right to object, Art. 21 GDPR
You have the right, for reasons that arise from your particular situation, to object to the processing of personal data relating to you which is based on Art. 6 Paragraph 1 Letter e or f GDPR. This also applies to profiling based on these provisions.
E-Stream Energy GmbH & Co. KG will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is connected to such direct advertising.
If you object to processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC, you have the option, in connection with the use of information society services, to exercise your right of objection by means of automated procedures in which technical specifications are used.
If you want to exercise your right to object, please send an email to datenschutzbeaufragter@estream-energy.com or send the objection to the business address E-Stream GmbH & Co KGaA, Wilhelmshofallee 83, 47800 Krefeld, Germany.
21. Regular updates of this data protection notice
These data protection framework conditions are subject to constant changes and adjustments. These changes make it necessary to update our data protection information from time to time. You can recognize the current status by the line "Status ..." at the end of this data protection notice.
As of 02/2020
