PRIVACY POLICY
Controller
The data controller in the sense intended by the GDPR and other national data protection laws passed by member states and by various data protection regulations is
SECONDSOL GmbH
Managing Director Frank Fiedler
Managing Director Stefan Wippich
Postal Address: Märzenquelle 6 | 98617 Meiningen | Germany
Phone: +49 (0) 3693 886 04 81
E-mail: datenschutz@secondsol.de
Scope of application
With this privacy policy, we, SECONDSOL GmbH (hereinafter referred to as "SECONDSOL") inform you (hereinafter referred to as "user") about the type, scope and purpose of the processing of personal data as part of the online services provided by us and the websites, functions and content associated with them (hereinafter referred to as "online service" or "website").
The privacy policy applies to all online services, including the social media presences maintained by SECONDSOL and regardless of the domains, systems, platforms and devices used (e.g. desktop or mobile - responsive design) on which the online service is executed.
General information on data usage
For the terms used in this statement, especially "personal data" and its "processing", we refer to the definitions provided under art. 4 General Data Protection Regulation (GDPR).
The gender-neutral term "user" incudes all persons affected by data processing. "Users" are customers, business partners, potential clients and all other visitors to our online services.
Scope of personal data processing art. 12 and 13 GDPR
Below are some examples of the type of personal data (voluntary and compulsory) processed by us as part of our online services. Some of this data is voluntary; the rest is compulsory:
- contact information e.g. name, address, phone number and email address;
- contract data (e.g. service used, names of case officers);
- provision of contact details of your company by authorised person;
- location of PV equipment and serial number;
- financial information (e.g. payment information such as bank details, payment card number, security code etc.);
- content (e.g. information entered on contact form);
- additional unique information such as user ID and password, product functions, product and service preferences, preferred contact methods;
- location data such as your IP address or physical location if you access location-dependent services;
- browser type/browser version and operating system used;
- time of the server request;
- websites through which the user has accessed our online services (referrer URL);
- websites accessed by user's system via our online services.
SECONDSOL processes your personal data solely in accordance with applicable data protection regulations. This means that your data is processed only where legally permitted or, where legally prescribed, in accordance with your consent. Data processing is especially permissible under law where required for services such as:
- for the management of the business relationship;
- providing assistance for transactions or orders;
- sharing with other users as part of contact liaison;
- liaison with maintenance/cleaning contractors for your PV equipment;
- identification and prevention of security threats, fraud and other malicious activity;
- for notifications regarding our products and services;
- provision and improvement of service and support;
- providing personalised marketing offers;
- selecting content for you;
- adapting our online services to user preferences;
- evaluation of marketing initiatives, advertising and websites provided by other organisations on our behalf.
Legal basis for the processing of personal data, art. 13 GDPR
The legal basis for data processing by SECONDSOL is:
- Art. 6 para. 1 (a) and art. 7 GDPR where consent is provided;
- Art. 6 para. 1 (b) GDPR for processing for performance of our services and the implementation of contractual measures;
- Art. 6 para 1 (c) GDPR for processing for compliance with our legal obligations;
- Art. 6 para. 1 (f) GDPR for processing in our legitimate interests.
Data deletion and duration of storage, art. 13 para. 2 (a) GDPR
The obligation to retain data is based on the statutory regulations or on the contractual relationship. Statutory periods are generally six or ten years. Following expiry of these periods, we delete users' data if it is no longer required for its original purpose (e.g. for contract management). Insofar as personal data no longer needs be retained in accordance with the statutory periods, it will be deleted when the aforementioned reasons for its storage no longer apply.
Data security and data used by third parties
Sharing of data with third parties / EU countries / non-EU countries
Data will be shared with third parties solely to the extent permitted under statutory regulations. Data will be shared only when required for contractual or accounting purposes (e.g. on the basis of art. 6 para. 1 (b) GDPR) only if the user has consented or if required for other purposes or on the basis of our legitimate interest in the efficient and commercial operation of our business as per art. 6 para. 1 (f) GDPR.
In order to provide our services, we use subcontractors. In so doing we put in place appropriate legal precautions as well as technical and administrative measures to ensure personal data is protected in accordance with the applicable statutory regulations.
We largely avoid processing data in a third country (i.e. non-EU and non-EEA countries). Where SECONDSOL has data processed by other persons or companies (contract processors or third parties) and thereby discloses personal data by way of data transfer or the granting of access, this is done solely on the basis of GDPR or national data protection regulations (where, for example, data transfer to payment service providers as per art. 6 para. 1 (b) GDPR is concerned), the user's consent, legal obligation or SECONDSOL’s legitimate interests (e.g. for the commissioning of agents, hosting companies etc.).
Third-party data processing is in this case carried out on the basis of a contract processing agreement as per art. 28 GDPR.
Subject to statutory or contractual licence or consent, we process data (or have it processed) in non-EU countries solely with due regard to art. 44 ff GDPR, whereby data is processed solely on the basis of special guarantees, such as an officially recognised level of data protection that corresponds to that provided by the EU (e.g. the US Privacy Shield programme) or adherence to officially recognised special contractual obligations (known as standard contractual clauses).
External hosting
SECONDSOL uses an external service provider (hosting provider) for hosting. Personal data that users enter on the SECONDSOL online services are stored on the host's servers. The information stored is primarily IP addresses, communication data, website accesses, data on the conclusion of contracts and content, contact data, first and last names, contact enquiries and other data generated via the online services.
The hosting provider is used to fulfil the contract vis-à-vis the users of our online services as potential and existing customers in accordance with art. 6 para. 1 (b) GDPR and in the interest of an efficient and secure provision of our online services by a professional provider as a legitimate interest in accordance with art. 6 para. 1 (f) GDPR.
Security art. 32 GDPR
We put in place the most up-to-date administrative, contractual and technical security measures to ensure that statutory data protection regulations are adhered to and that the data we process is protected against accidental or intentional manipulation, loss or destruction and against unauthorised access.
SECONDSOL takes the necessary technical and organisational security measures to protect your data in the best possible way against unwanted access. To this end, we train our employees and oblige them to maintain confidentiality. We carefully select and monitor our service providers. Encryption procedures are used to secure our IT systems, depending on the area. Within the framework of our online services, the information you provide is transmitted in encrypted form using an SSL (Secure Socket Layer) protocol and is checked for authenticity to prevent possible misuse by third parties. You can recognise this by the fact that the lock symbol in the status bar of the browser is closed and the URL begins with https...
Use of data for communication and advertising
Contact
If visitors to the online services contact us using the contact form or by e-mail, the user's details will be processed for the purpose of handling the contact request and its processing in accordance with art. 6 para. 1 (b) GDPR.
User information may be stored in our computer system, Customer Relationship Management System ("CRM System") or similar systems for the following purposes:
- for processing the contact request and its handling;
- to support our internal business purposes, namely data analysis, audits, development of new products, improvement of this website, improvement of our services, recognition of usage trends and determination of the effectiveness of our advertising campaigns (however, this use is not personal, i.e. only in anonymous form);
- to avoid any possible abuses or threats to the interests of other users or to our interests on the basis of our legitimate interests as defined in art. 6 para. 1 (f) GDPR.
Newsletter
Users receive the free SECONDSOL newsletter when they subscribe to it using the online form provided. For this purpose we record your e-mail address so that we can send you the newsletter after confirming your registration. We use the data that you voluntarily give us in the registration form for targeted communication. This also includes any areas of interest you may have selected, which we use for the selection of the communicated offers. The processing is carried out on the basis of art. 6 para. 1 (a) GDPR. If you no longer wish to receive our newsletter, you can unsubscribe at any time using the link provided in the newsletter or on our website. You can also revoke your consent at any time by sending a message in text form to the above-mentioned contact data (e.g. e-mail, fax, letter). The legality of the processing carried out so far remains unaffected by the revocation of consent. If the consent is revoked, we will stop the corresponding data processing.
By subscribing to the use of your e-mail address/contact details to receive the SECONDSOL newsletter or SECONDSOL advertising and information e-mails, the user agrees to receive them and to the procedures described.
SECONDSOL sends newsletters, e-mails and other electronic notifications for the purpose of information (e.g. changes to the terms of use), advertising and information with advertising content (hereinafter "newsletter") and for the performance of the contract, based on the user's consent or legal permission. Decisive for the user's consent are contents which were specifically listed in the context of a registration for the newsletter. In addition, the SECONDSOL newsletter contains information on products, offers, campaigns and the company.
Registration for the SECONDSOL newsletter follows the so-called double opt-in procedure. To receive our newsletter, all you have to do is enter your e-mail address. Optionally, SECONDSOL may ask the user to provide a name in order to address the user personally in the newsletter. After registration, users receive an e-mail asking them to confirm their registration. This confirmation is necessary to ensure that no one can register with e-mail addresses not belonging to them. SECONDSOL logs the registrations for the newsletter in order to be able to prove the registration process according to the legal requirements. For this purpose, SECONDSOL stores the time of registration and confirmation as well as the IP address.
The logging of the registration procedure is based on the legitimate interests of SECONDSOL in accordance with art. 6 para. 1 (f) DGPR.
The dispatch of the newsletter and the measurement of success are based on the consent of the user according to art. 6 para. 1 ()a, art. 7 GDPR in connection with § 7 para. 2 no. 3 UWG (German Act against Unfair Competition).
The approach of existing customers for advertising purposes is based on the legal permission according to § 7 para. 3 UWG.
SECONDSOL is interested in the use of a user-friendly and secure newsletter system that serves its own business interests and meets the expectations of its users.
Newsletter dispatch by the dispatch service provider "MailChimp”
We dispatch our newsletter and emails containing marketing information via the MailChimp dispatch service as provided by US service provider Rocket Science Group LLC. The names and email addresses of our newsletter recipients are saved on MailChimp's servers in the US and MailChimp uses this information to send and evaluate the newsletter on our behalf. MailChimp also uses this data itself to optimise and improve its own service.
When you open the newsletter, a file from MailChimp's server will be accessed enabling technical information (e.g. your browser and operating system as well as your IP address and time of access) to be collected. It can also be ascertained whether the newsletter was opened and which links were clicked on and when. This information aids the technical improvement of our service and the optimisation of newsletter content.
"MailChimp" is certified under the US-EU data protection agreement "Privacy Shield" and thus commits itself to comply with the EU data protection regulations.
https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG
In addition we have formed a data processing agreement with MailChimp. This constitutes a contract under which MailChimp is bound to protect our users' data and not to share it with any third party.
We may sometimes direct users directly to the MailChimp website, where cookies may be used and personal data may be processed by MailChimp, its partners and other service providers (e.g. Google Analytics). We have no control over this data collection.
For more information on MailChimp and the Privacy Shield data protection treaty see:
https://mailchimp.com/legal/privacy/
and
https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG.
Newsletter – usage measurement
As part of our newsletter offering SECONDSOL uses web beacons. These are small files that, when you open the newsletter, are accessed by the server operated by the dispatch service provider and that access technical information (browser, operating system, IP address and access time). On the basis of this information, SECONDSOL optimises its technical services on the basis of technical data, target groups, user behaviour and time and place of access. This method is also used by us to see whether and when users open the newsletter and which links they click on. For technical reasons, this information can be assigned to individual newsletter subscriptions, but neither SECONDSOL nor any of our dispatch service providers can observe individual users. This evaluation helps us optimise our newsletter by, for example, using user behaviour to modify content.
Unsubscribing from the newsletter
You can unsubscribe from the newsletter at any time by withdrawing your consent by clicking on the link at the end of every newsletter. Alternatively, in the log-in area, users with a customer account can adjust their settings for receiving the newsletter. In so doing they can revoke their consent for dispatch of the newsletter by the dispatch service provider and their consent to statistical analysis. Termination extends to revocation of dispatch by the dispatch service provider or of statistical evaluation. Users who have registered for the SECONDSOL newsletter and have then de-registered will have their stored personal data deleted.
Automated data capture - cookies
Cookies are small data files or other types of information storage that are loaded onto the user's hard disk by the online services or websites of third parties (SECONDSOL web server or third party web server). The next time the SECONDSOL online services are accessed using the same device, the information stored in the cookies is sent back to our website ("first party cookie") or another website to which the cookie belongs ("third party cookie").
With this returned information, SECONDSOL recognises online services (websites) or other websites that the user has previously accessed and visited with their device. SECONDSOL uses this information in order to be able to display our online services to users in an optimized way according to their preferences.
SECONDSOL only identifies the cookie itself on the device. Any additional storage of personal data will only take place if the user gives SECONDSOL their express consent or if such storage is absolutely necessary in order to use the offered and accessed services of SECONDSOL.
SECONDSOL uses the following types of cookies, the scope and functioning of which are explained below:
Essential cookies
Essential cookies enable basic functions and are necessary for the proper functioning of the online services.
Marketing cookies
Marketing cookies are used for statistical evaluation of user behaviour and/or targeted advertising. Such cookies are used, for example, by third parties or publishers to display personalised advertising. They do this by tracking visitors across websites.
Cookie overview
Essential cookies – Link
Marketing cookies – Link
Cookie consent banner
When accessing the online services of SECONDSOL, the user is asked to agree to the use of cookies. The user can choose between essential and marketing cookies.
Google services/ Marketing and advertising
For the analysis, optimisation and commercial operation of our online services as part of our legitimate interests in the sense intended by art. 6 para. 1 (f) GDPR, we use
- Google Analytics – web analysis service
- Google Data Studio – data management tool
- Google Ads – advertising tool
- Google Search Console – evaluation tool
by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, US ("Google").
Google Analytics
The functioning of Google Analytics is based on cookies, whereby the cookie creates information on the use of our online services. The usage information captured via cookies is usually transferred to a Google server in the US and stored there.
During a visit to the SECONDSOL online services, the following data is recorded:
- visited web page(s)
- order value or turnover of any purchases
- page behaviour of the user (i.e. content clicked on, search behaviour, scrolling behaviour, and time spent on the website)
- location of the user - no address details but e.g. country and city
- IP address of the user (abbreviated form, clear identification impossible)
- Technical information such as browser, Internet provider, device and screen resolution
- website or advertising medium (banners through which the user has reached the SECONDSOL website)
As part of our marketing activity, we place ads with Google and its partners. Using information evaluated by Google Analytics allows SECONDSOL to show ads only to those users who have expressed an interest in our online services or have requested specific product features. Analysis of preferences is sent by us to Google (known as remarketing or Google Analytics Audiences). These tools are designed to ensure that our ads are shown only to interested potential users and do not represent an inconvenience for the user.
We use Google Analytics only with activated IP anonymisation. This involves the abbreviation of IP addresses of users within the European Union and the European Economic Area. Occasionally full IP addresses are transferred to a Google server without abbreviation.
Google evaluates this information and thus the use of our online services on our behalf, compiles reports on the activities within these online services and provides us with further services associated with the use of these online services and the use of the Internet. Google can create pseudonymous user profiles from the processed data.
Google Analytics stores cookies in your web browser for a period of 14 months since your last visit. These cookies contain a randomly generated user ID that allows you to be recognized during future visits to the website.
Google Data Studio – data management tool
SECONDSOL uses the data management tool to visually create custom reports and interactive dynamic dashboards for our users. It uses data from the web analysis tool Google Analytics. No other interfaces to data sources such as Google AdWords etc. are used. The tool is accessed via a browser and the data sources are connected directly via Google Data Studio.
You can find more information about using Google Data Studio at:
https://support.google.com/datastudio/answer/6283323?hl=en
Google Ads/Re/Marketing-Services/Audience
SECONDSOL uses the remarketing function - or "similar target groups" function of Google Inc. ("Google"). This enables users of the SECONDSOL online services to be presented with interest-related advertisements within the Google advertising network. The visitor's browser stores so-called "cookies", text files which are stored on your computer and which make it possible to recognise the visitor when they visit websites which are part of the Google advertising network. These pages may then display ads to the visitor that relate to content that the visitor has previously viewed on sites that use Google's remarketing feature. According to its own statements, Google does not collect any personal data during this process.
User data are processed exclusively under a pseudonym. Google does not store and process the names or e-mail addresses of users, but processes the relevant data in a cookie-based manner within pseudonymous user profiles. This means that, from Google's point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who that cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected by Google marketing services about users is transmitted to Google and stored on Google's servers in the US.
The Google marketing services we use include the online advertising program "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies can therefore not be tracked through the websites of AdWords customers. The information collected through the cookie is used to compile conversion statistics for AdWords customers who have opted in to conversion tracking. AdWords advertisers learn 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 that can be used to personally identify users.
Google Search Console
SECONDSOL uses Google Search Console. This allows us to track how often our online services appear in Google search results. This allows SECONDSOL to filter and group the data, for example by categories such as search query, date or device. The results are only used to optimise the search performance of our online services. The data is not linked to other data sources or passed on to third parties.
Security
Google is certified under the Privacy Shield scheme and guarantees compliance with European data protection law. For details of the Privacy Shield treaty visit:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Prevention of data capture by Google services
RIGHT OF OBJECTION
You may object to the storage of cookies by selecting the appropriate settings in your browser software; 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.
Under the following link
http://tools.google.com/dlpage/gaoptout?hl=en
you can download and install a browser plugin to prevent data capture by cookies, the retrieval of data by Google, and the processing of this data by Google.
Further information on the use of data by Google and on the setting and objection possibilities can be found on the following Google websites:
- https://www.google.com/intl/de/policies/privacy/partners (data usage on sites or apps that use Google services),
- http://www.google.com/policies/technologies/ads (data usage for advertising),
- http://www.google.de/settings/ads (ad personalisation).
Google re/marketing services
Users can prevent and generally disable these Google features by changing the appropriate settings under
http://www.google.com/settings/ads
Alternatively, you can disable the use of cookies for interest-based advertising through the ad network initiative by following the instructions at
http://www.networkadvertising.org/managing/opt_out.asp
Consent|Prevention of data capture
Before using the online services, the users themselves determine the extent to which cookies are used and, for example, only allow essential cookies. If this option has not been selected, the user has the right to revoke the use of cookies in accordance with art. 7 GDPR or to change the browser settings as listed below.
The majority of browsers are configured to use and accept "permanent cookies". Users have the option of preventing cookies from being stored on their computer by making the appropriate settings in their browser. Depending on the browser, the way in which it manages the cookie settings differs. Users can find information on this in the help menu of every browser. These can be found for the respective browsers under the following links:
Internet Explorer™: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
Safari™: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Chrome™: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Firefox™ https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Opera™ : https://help.opera.com/de/latest/security-and-privacy/
Online presence in social media
SECONDSOL maintains online presences within social networks and platforms such as Facebook, Twitter and Instagram. On these platforms, SECONDSOL communicates with active customers, users and interested parties and informs the user about services and current developments in the field of renewable energies.
Depending on the platform, user data may also be processed outside the EU. Users may face increased risks, for example, when enforcing their rights in other EU countries.
The processing of users' personal data is based on our legitimate interest in effective information for SECONDSOL users and communication with users in accordance with art. 6 para. 1 (f) GDPR. If the users are asked by the respective platform providers to give their consent to the aforementioned data processing, the legal basis for processing is art. 6 para. 1 (a), art. 7 GDPR.
For a detailed overview of the respective types of processing and the possibilities of objection (opt-out) as well as the assertion of requests for information and the assertion of user rights, users should contact the following linked providers, as only the respective provider has access to the user data, can take appropriate measures, and provide information.
Furthermore, SECONDSOL is available to users for questions.
Linking
SECONDSOL does not use social plugins from social media platforms. Within the framework of SECONDSOL's online services, links are placed to the respective social media accounts, currently Facebook and Twitter. The use of SECONDSOL's online services therefore does not initially establish a connection with the respective platform or send data automatically.
If you use the link to our social media pages, data can still be sent to the platform. If the user is simultaneously logged in to a platform when using SECONDSOL online services, the platform will assign the visit to his user account when the link is used. Users can prevent the transmission of data to the respective platform by logging out of the SECONDSOL online services and deleting the cookies before using them. Non-members may also have the possibility that the respective platform obtains and stores the user's IP address. According to the platform operators in Germany, only an anonymised IP address is stored.
For the complete prevention of a data transfer, the user has to refrain from using the link.
The Facebook platform is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The Facebook pages are operated on the basis of an agreement on joint processing of personal data.
Facebook is certified under the Privacy Shield Agreement and guarantees compliance with European data protection law. Users can find details of the privacy shield agreement on the following website:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Users can prevent the processing and use of user data here.
https://www.facebook.com/settings?tab=ads
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the relevant rights and setting options to protect the privacy of users, can be found in Facebook's privacy policy:
https://www.facebook.com/about/privacy/
https://www.facebook.com/help/instagram/155833707900388
Additional settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings:
https://www.facebook.com/settings?tab=ads
https://help.instagram.com/196883487377501
or via the US website
http://www.aboutads.info/choices/
or the EU website
http://www.youronlinechoices.com/.
The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
SECONDSOL uses functions of the Twitter service. These functions are offered by Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By activating the “retweet" function, Twitter is able to link visits to SECONDSOL online services to the respective Twitter account and share them with other users. Data is also transferred to Twitter. SECONDSOL expressly points out to users that SECONDSOL has no knowledge of the content of the transmitted data or its use by Twitter.
Twitter privacy policy at
You can change your privacy settings on Twitter in the account settings.
Changes to this privacy policy
In light of possible changes to the legal situation or to our online services, SECONDSOL reserves the right to amend this data protection statement. Where users have provided consent, or where parts of the data protection statement are at the same time provisions of our contractual relationship with users, the changes will be subject to users' consent.
Therefore, please ensure you remain up to date with the contents of the most recent version of this privacy policy.
Contact | Complaints
SECONDSOL takes compliance with statutory regulations for the protection of user data extremely seriously. Users and third parties can contact SECONDSOL at any time if they have any questions regarding this data protection statement and/or the vouchsafing of their rights:
SECONDSOL GmbH
Postal address: Märzenquelle 6 | 98617 Meiningen | Germany
Phone: +49 (0) 3693 886 04 81
E-mail: datenschutz@seocndsol.de
