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Data Protection Agreement - 1
Data Protection Agreement
Data Protection - 2 - Security
The security of your data is our top priority. Therefore, the basic principle of our actions is to handle all customer data in a trustworthy and responsible manner. Beyond the valid legal data protection regulations, we take all appropriate measures to protect your data from falsification, destruction and unauthorized disclosure.
Data Protection - 3 - How we secure your data
How we secure your data
All access to your data on the Discovergy Platform is SSL-encrypted. All access attempts are logged and analyzed. Passwords and other sensitive data are only stored in encrypted form.
Best access protection
Anonymous measurement data and personal data are stored in separate databases. Discovergy Servers are located in secure data centers in Germany and are only accessible to authorized personnel.
Data Protection - 4 - Protect Meter and Readings
How we protect meters and meter readings
With a number of measures we effectively prevent all known ways to manipulate our measuring devices and the meter readings and thus ensure the security of your data. Further information can also be found in the security section of our FAQ.
Professional lead sealing
Meter and meter gateways are sealed and secured during installation by a certified electrician.
The one-way interface of our SLP meters prevents remote control. They can neither be manipulated nor controlled from the outside.
Encrypted data transfer
Our gateway sends all measuring data SSL-encrypted to the Discovergy servers. Even intercepted data packages do not allow any conclusions to be drawn about consumption.
Once stored, your measuring data remains safe. Thanks to the most accurate logging, even the most elaborate manipulations could never reduce billing.
Discovergy GmbH – As of 05.06.2018
1. General information and mandatory information
We would like to point out that data transmission over the Internet (e.g. communication by e-mail) can be subject to security vulnerabilities. A complete protection of the data against access by third parties is not possible.
Details on the Officials
Responsible according to the EU Data Protection Basic Regulation (DS-GVO):
Am Berg 12 – 52076 Aachen
Phone: +49 241 53809410
The responsible body is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).
You can reach our data protection officer at: firstname.lastname@example.org or our postal address with the addition "data protection officer".
SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Encrypted payment transactions on this website
If, after the conclusion of a contract with costs, there is an obligation to provide us with your payment data (e.g. account number for direct debit authorization), this data is required for payment processing.
Payment transactions via the usual means of payment (Visa/MasterCard, direct debit) are carried out exclusively via an encrypted SSL or TLS connection. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
With encrypted communication, your payment data, which you transmit to us, cannot be read by third parties.
Disclosure, Blocking, Deletion
Within the framework of the applicable legal provisions, you have the right, at any time and at no charge, to information about your stored personal data, their origin and recipient and the purpose of data processing and, if applicable, a right to correction, blocking or deletion of this data. You can contact us at any time at the address given in the imprint for this and other questions on the subject of personal data.
Right to data transferability
You have the right to have data, which we process automatically on the basis of your consent or in fulfilment of a contract, be handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another authorised person, this will only be done to the extent that this is technically feasible.
Revocation of your consent to data processing
Many data processing operations are only permitted with your explicit consent. You can revoke any consent you have already given at any time. For this purpose, an informal e-mail notification to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right of appeal to the responsible supervisory authority
In the event of breaches of data protection law, the data subject shall have the right to lodge a complaint with the competent supervisory authority. The responsible supervisory authority for data protection issues is the data protection officer of the federal state in which our company is based. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Objection against advertising mails
The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited. The operators of this website expressly reserve the right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.
On our web pages we offer you redirections (links) to potentially interesting web pages on which contents we do not have any influence. We do not assume any liability for these external contents. The linked pages were checked for possible violations of the law at the time the link was created. Such were not recognizable at the time when the link was set. However, it is not reasonable to constantly check the content of the linked pages without concrete evidence of a violation of the law. As soon as we become aware of any legal infringements of the linked websites, we will remove the affected links immediately.
2. Data collection on our website
We collect, process and use personal data only to the extent necessary for the establishment, structuring of content or amendment of the legal relationship (inventory data). This is done on the basis of Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures. We collect, process and use personal data relating to the use of our Internet pages (usage data) only to the extent necessary to enable the user to make use of the service or to bill the user.
The gathered customer data will be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.
Server log files
The provider of these pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- Browser type and browser version
- OS used
- Referrer URL
- Hostname of the accessing computer
- Time of the server request
- IP address
This data will not be merged with other data sources.
The basis for data processing in order to display our website to you and to guarantee stability and security is Art. 6 para. 1 lit. f DSGVO.
Some of the Internet pages use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our services more user-friendly, effective and secure. Cookies are small text files that are stored on your computer by your browser.
Most of the cookies we use are so-called "session cookies". They are deleted automatically at the end of your visit or at the end of a time window. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognize your browser during your next visit.
You can set your browser to notify you when cookies are set, to allow cookies only in individual cases, to prevent cookies from being accepted in certain cases or generally, and to enable the automatic deletion of cookies when you close your browser. If cookies are deactivated, the functionality of this website may be impaired.
Cookies, which are necessary for the execution of the electronic communication process or for the provision of certain functions requested by you (e.g. shopping cart function), are stored on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a justified interest in the storage of cookies for the technically error-free and optimised provision of its services. Insofar as other cookies (e.g. cookies for analysing your surfing behaviour) are stored, these are dealt with separately in this data protection declaration.
If you send us inquiries via the contact form or e-mail, your details, including the contact data provided by you, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. These data will not be passed on without your consent.
The processing of the data entered in the contact form or made available by e-mail is therefore carried out exclusively on the basis of your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time. For this purpose, an informal notification by e-mail or via the contact form to us is sufficient. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.
The data entered by you in the contact form or made available by e-mail will remain with us until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.
Registration on this website
You can register on our website in order to use additional functions on the site. We only use the entered data for the purpose of providing the respective offer or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise we will refuse the registration.
In the case of important changes, for example in the scope of our services or in the case of technically necessary changes, we will use the e-mail address provided during registration to inform you in this way.
The data entered during registration will be processed on the basis of your consent (Art. 6 Para. 1 lit. a DSGVO) or within the framework of the contractual relationship arising (Art. 6 Para. lit. b). You can revoke your consent at any time. An informal e-mail notification to us is sufficient for this purpose. The legality of the data processing already carried out remains unaffected by the revocation.
The data recorded during registration will be stored by us as long as you are registered on our website and will subsequently be deleted. Legal retention periods remain unaffected.
Data transmission at contract conclusion for online shops, dealers and dispatch of goods
We transmit personal data to third parties only if this is necessary in the context of contract processing, for example to the companies entrusted with the delivery of the goods or the credit institution entrusted with payment processing. Any further transmission of data will not take place or will only take place if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.
The basis for data processing is Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.
3. Social media
Share content via plugins (Facebook, Google+1, Twitter & Co.)
The content on our pages can be shared on social networks such as Facebook, Twitter, LinkedIN, XING or Google+ in compliance with data protection regulations. For this purpose, it is essential that the user actively establishes the connection himself. We do not automatically transfer user data to the operators of these platforms.
4. Analysis tools and advertising
This website uses functions of the web analysis service Google Analytics. Provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called "cookies". These are text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States.
Google Analytics cookies are stored on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a justified interest in analysing user behaviour in order to optimise both his website and his advertising.
We have enabled the IP Anonymization feature on this website. As a result, your IP address will be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area prior to transmission to the USA. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google.
Objection to data collection
You can prevent Google Analytics from collecting your information by clicking on the following link. An opt-out cookie is used to prevent your data from being collected on future visits to this website: Disable Google Analytics.
This website uses Google AdSense, a service for the integration of advertisements of Google Inc. "("Google"). Provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google AdSense uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. Google AdSense also uses so-called web beacons (invisible graphics). Through these web beacons, information such as visitor traffic on these pages can be evaluated.
The information generated by cookies and web beacons about the use of this website (including your IP address) and the delivery of advertising formats will be transmitted to and stored by Google on servers in the United States. This information can be passed on by Google to Google's contractual partners. However, Google will not combine your IP address with other data stored by you.
AdSense cookies are stored on the basis of Art. 6 Para. 1 lit. f DSGVO. The website operator has a justified interest in analysing user behaviour in order to optimise both his website and his advertising.
Google AdWords and Google Conversion Tracking
This website uses Google AdWords. AdWords is an online advertising program of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States ("Google").
As part of Google AdWords, we use what is known as conversion tracking. If you click on an ad placed by Google, a cookie is set for conversion tracking. Cookies are small text files that the Internet browser places on the user's computer. These cookies lose their validity after 30 days and do not serve to personally identify the user. If the user visits certain pages of this website and the cookie has not expired, Google and we may recognize that the user clicked on the ad and was directed to that page.
Each Google AdWords customer receives a different cookie. Cookies cannot be tracked through AdWords customer websites. The information collected from the Conversion cookie is used to generate conversion statistics for AdWords customers who have opted for Conversion Tracking. Customers will know the total number of users who clicked on their ad and were directed to a page with a conversion tracking tag. However, you will not receive any information that personally identifies users. If you do not wish to participate in tracking, you can opt-out of this use by easily deactivating the Google Conversion Tracking cookie in your Internet browser under User Preferences. You will then not be included in the conversion tracking statistics.
Conversion cookies" are stored on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, accept cookies for certain cases or generally exclude them and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.
We use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on our websites. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").
The purpose of reCAPTCHA is to check whether the data input on our websites (e.g. in a contact form) is made by a person or by an automated program. For this purpose, reCAPTCHA analyzes the behavior of the website visitor on the basis of various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, length of stay of the website visitor on the website or mouse movements made by the user). The data collected during the analysis is forwarded to Google.
The reCAPTCHA analyses run completely in the background. Website visitors are not advised that an analysis is taking place.
Our website uses the visitor action pixel of Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook") to measure conversion.
This makes it possible to track the behaviour of page visitors after they have been redirected to the provider's website by clicking on a Facebook ad. This allows the effectiveness of Facebook ads to be evaluated for statistical and market research purposes and future advertising measures to be optimized.
The collected data is anonymous for us as the operator of this website, we cannot draw any conclusions about the identity of the users. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes in accordance with the Facebook data usage guidelines. This may allow Facebook to serve advertisements on Facebook pages and outside Facebook. This use of data cannot be influenced by us as the site operator.
See Facebook's Privacy Notice for more information on protecting your privacy: https://www.facebook.com/about/privacy/.
You can also disable the Custom Audiences remarketing feature in the Advertisement Settings section of https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You must be logged in to Facebook to do this.
If you do not have a Facebook account, you can disable Facebook's usage-based advertising on the European Interactive Digital Advertising Alliance website: http://www.youronlinechoices.com/de/praferenzmanagement/
If you wish to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. Further data, such as title, surname and first name, are collected solely for personal use. We use these data exclusively for the dispatch of the requested information and do not pass these on to third parties.
The processing of the data entered in the newsletter registration form takes place exclusively on the basis of your consent (Art. 6 Para. 1 lit. a DSGVO). You can revoke your consent to the storage of your data and its use to send the newsletter at any time, for example via the "Unsubscribe" link in the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
The data that you have stored with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and deleted after unsubscribing from the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the customer area) remain unaffected by this.
If you do not wish to enter the data requested by us, you are free to access the newsletter and previous issues via the newsletter archive.
This website uses CleverReach for sending newsletters. The provider is CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede. CleverReach is a service with which the newsletter dispatch can be organized and analyzed. The data you enter for the purpose of receiving the newsletter (e.g. e-mail address) is stored on the CleverReach servers in Germany and Ireland.
Our newsletters sent with CleverReach enable us to analyse the behaviour of newsletter recipients. Among other things, it can be analyzed how many recipients have opened the newsletter message and how often which link was clicked in the newsletter. With the help of so-called conversion tracking, it can also be analysed whether a predefined action (e.g. purchase of a product on our website) has taken place after clicking on the link in the newsletter. Further information on data analysis through the CleverReach newsletter can be found at: https://www.cleverreach.com/de/funktionen/reporting-und-tracking/.
Data processing is based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time by unsubscribing the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
If you do not want an analysis by CleverReach, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. You can also unsubscribe directly on the website.
The data that you have stored with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted both from our servers and from CleverReach's servers after you cancel the newsletter. This does not affect data stored by us for other purposes (e.g. e-mail addresses for the member area).
Conclusion of a contract for order data processing
We have concluded a contract with CleverReach for order data processing and fully implement the strict requirements of the German data protection authorities when using CleverReach.
6. Plugins and Tools
Our website uses plugins from the YouTube page operated by Google. The site is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA.
When you visit one of our pages equipped with a YouTube plug-in, a connection is established to YouTube's servers. This will tell the YouTube server which of our pages you have visited.
If you are logged in to your YouTube account, you can allow YouTube to assign your surfing behaviour directly to your personal profile. You can prevent this by logging out of your YouTube account.
YouTube is used in the interest of an appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.
Data Protection - 5 - what can you do?
What can you do?
Data Protection - 6
Discovergy GmbH – As of 18.04.2018
§ 1 Preamble
Die Discovergy GmbH, Am Berg 12, 52076 Aachen (hereinafter: Discovergy), is aware of the sensitivity of the personal data transmitted by the user, in particular the consumption data which may be automatically collected by a smart meter, and undertakes to handle this data confidentially and responsibly and to comply with all applicable legal provisions. However, since the services offered by Discovergy consist in particular of collecting, evaluating and processing personal consumption data in a useful manner, the transmission and storage of personal data is necessary for the use of the services offered.
§ 2 Consent
As a user of the services of Discovergy GmbH, I agree that Discovergy may
- collect, process and use all personal data necessary for the establishment, performance and processing of the contractual purpose set forth in the General Terms and Conditions of Discovergy and to the extent set forth below. This applies both to inventory data such as name, address, e-mail, telephone and usage data such as consumption data, user name, password and IP address;
- process consumption data automatically collected by a smart meter by means of electronic data processing in such a way that my personal consumption and its composition can be depicted clearly and assigned to individual consumers by data analysis.
- on the basis of my consumption data and statistical procedures, give me indications of possible savings and other financial advantages.
- display to me offers and advertising relevant to me - also from third-party companies - on the basis of my consumption data.
- make my billing-relevant consumption data available to my energy supplier in accordance with the statutory provisions.
- use my anonymized and aggregated data for market research, advertising, product development and comparison purposes and may also pass them on to third parties if necessary.
- collect, process and use my usage data with the help of cookies, among other things, and use it for system optimisation purposes.
- obtain the usual banking information from the bank specified in the direct debit authorisation with regard to the account specified there and about my private/business financial circumstances and also exchange the necessary data with the SCHUFA and/or another credit agency for the purpose of credit assessment. I agree that the inventory and usage data relating to the commissioned product may be collected and used by Discovergy (a) to the extent necessary to achieve the described contractual purpose, (b) within the framework of contractual relationships with other service providers to the extent necessary for their fulfilment, (c) for the purpose of transfer to third parties to the extent that Discovergy makes use of the services of such third parties or is subject to reporting requirements (e.g. to provide reminders, bill consumption data, customer support, order processing, billing, debt collection), (e.g. to carry out reminders, invoice billing for consumption data, customer service, invoice processing, debt collection), (e.g. to process orders), (e.g. to process invoices), (e.g. to provide reminders, collect invoices), (e.g. to collect payment data), (e.g. to invoice), (e.g. to process consumption data), (e.g. to process orders), (e.g. to provide billing)), (e.g. to provide billing)). (d) for the purpose of anonymous transfer to third parties for market research, product development and comparison purposes and for the purpose of obtaining relevant offers and advertising from third parties. Due to the anonymization no conclusions about the user are possible, so that his anonymity is fully preserved.
- send notices of my contract/contract amendments primarily to my stored email address, including information from Discovergy about my contractual relationship and other Discovergy and/or third party products, offers, or advertisements.
We would also like to point out that Discovergy, as the metering point operator, is in particular legally obliged to make the consumption data relevant to billing available to the respective energy supplier.
As a user, you have the opportunity to revoke your consent to the use of your personal data for market research, product development and advertising purposes and their anonymous disclosure to third parties at any time and without giving reasons with effect for the future. For this purpose, it is sufficient to send an e-mail to email@example.com.
We would like to point out that if you revoke your consent to the use of your personal data for the creation of consumption profiles and for advertising purposes, we will no longer be able to make use of a purpose component of our contractual relationship, to be able to display our own optimisation offers and also offers and advertising from third companies to you in order to optimise consumption.
§ 3 Deletion of consumption data
As a user, you have the option to delete all non-bill-relevant consumption data for any past periods at any time and without giving reasons, and to deactivate the storage of non-bill-relevant consumption data temporarily or permanently. Discovergy functions based on detailed consumption data are then no longer available or only available to a limited extent.
§ 4 End of contract
After the end of the usage agreement, the personal data will be deleted in accordance with the legal requirements.
§ 5 Data protection supervisor
Discovergy's data protection supervisor will be happy to answer any questions you may have regarding our data protection activities and to provide information:
Mr. Roland Mons