We are very pleased about your interest in our company. Data protection is of particular importance to the management of Döbeln Elektrowärme GmbH. Fundamentally, using the web pages of Döbeln Elektrowärme GmbH is possible without any giving up any personal data. However, if a person wishes to use our company’s special services through our website, personal data processing may be required. If the processing of personal data is required and there is no legal basis for such processing, we generally seek the consent of the data subject.
Döbeln Elektrowärme GmbH, as controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security weaknesses, so absolute protection can not be guaranteed. For this reason, every person concerned is free to submit personal data to us in alternative ways, for example by telephone.
(a) Personal data
Personal date is any information that relates to an identified or identifiable natural person (data subject). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is performed with or without the help of automated means on personal data or on sets of personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, deletion or destruction.
(d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
(g) Controller or personal data controller
Controller or personal data controller is the natural or legal person, public authority, institution or other body that, alone or together with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for their designation may be provided for under Union or national law.
Processor means a natural or legal person, public authority, institution or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, institution or other entity to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union or national law in connection with a particular mission are not considered as beneficiaries.
(j) Third party
Third party means a natural or legal person, public authority or institution other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
(k) Consent of the data subject
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Name and Address of the Controller
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions with data protection character is:
95189 Köditz, Germany
Tel.: 09281 766206
Fax: 09281 766207
Collection of General Data and Information
The website of Döbeln Elektrowärme GmbH collects a series of general data and information each time the website is accessed by an affected person or an automated system. This general data and information are stored in the log files of the Internet server. The following can be detected
- the browser types and versions used, (2) the operating system used by the accessing system,
- the website from which an accessing system accesses our website (the so-called referrer),
- the sub-web pages accessed via an accessing system on our website
- the date and time of access to the website,
- an Internet Protocol address (IP address),
- the Internet service provider of the accessing system and
- other similar data and information used in the event of attacks on our information technology systems.
When using this general data and information Döbeln Elektrowärme GmbH does not draw any conclusions about the person concerned. Rather, this information is needed to
- to deliver the contents of our website correctly,
- to optimize the contents of our website and to advertise it,
- to ensure the continued functioning of our IT systems and the technology of our website, and
- to inform law enforcement agencies in the case of an attack (cyber attack) to provide the necessary information for prosecution.
This anonymously collected data and information is evaluated by Döbeln Elektrowärme GmbH on the one hand statistically and further with the aim to increase the data protection and data security in our company, in order to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.
Contact via the Website
Due to legal regulations, the website of Döbeln Elektrowärme GmbH contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If an affected person contacts the person responsible by e-mail or via a contact form, the personal data transmitted by the person concerned will be automatically saved. Such personal data, voluntarily transmitted by an individual to the controller, is stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.
Routine Erasure and Blocking of Personal Data
The controller shall only process and store the personal data of the data subject for the period required to achieve the purpose of the storage or as provided for in the law or regulation of the controller by the European Directives and Regulations or any other legislator has been.
If the storage purpose is omitted or if a storage period prescribed by the European directives and regulations or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
Rights of the Data Subject
(a) Right to confirmation
Each data subject has the right, as granted by the European Regulators and Regulators, to require the controller to confirm whether personal data relating to him/her is being processed. If a data subject wishes to make use of this confirmation right, they can contact our data protection officer or another employee of the controller at any time.
(b) Right to information
Any person affected by the processing of personal data shall have the right conferred by the European Directives and Regulations to obtain information from the data controller at any time and free of charge concerning the personal data stored about them and a copy of that information. Furthermore, the European legislator and regulator has provided the data subject with the following information:
- the purpose of processing
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data has been disclosed or is yet to be disclosed, in particular to beneficiaries in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for setting this duration
- the existence of a right to rectification or erasure of personal data concerning the data subject or restriction of processing through the controller or a right to object to the processing
- the right to lodge a complaint with a supervisory authority
- if the personal data was not collected from the data subject: all information about the origins of the data All available information about the origin of the data
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
In addition, the data subject has a right of access as to whether personal data has been transmitted to a third country or to an international organization. If that is the case, then the data subject has the right to obtain information about the appropriate guarantees in connection with the transfer. If a data subject wishes to make use of this right to information, they can contact our data protection officer or another employee of the controller at any time.
(c) Right to rectification
Any person affected by the processing of personal data shall have the right conferred by the European Directives and Regulations to demand the immediate correction of inaccurate personal data concerning him/her. Furthermore, the data subject has the right to request the completion of incomplete personal data, also by means of a supplementary statement, taking into account the purposes of processing.
If a data subject wishes to make use of this right to rectification, they can contact our data protection officer or another employee of the controller at any time.
(d) Right to Erasure (‘Right to be Forgotten’)
Any person affected by the processing of personal data shall have the right conferred by the European Directives and Regulations to require the controller to immediately delete the personal data concerning him, provided that one of the following reasons is satisfied and the processing is not required:
- The personal data has been collected or otherwise processed for such purposes for which they are no longer necessary.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1), or point (a) of Article 9 (2) GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR.
- The personal data was processed unlawfully.
- A deletion of personal data may be required in order to fulfil a legal obligation in accordance with the legislation of the European Union or the laws of the Member States to which the data controller is subject to within the framework of his duties.
- The personal data have been obtained in relation to the services offered by the information society in accordance with Art. 8 (1) GDPR.
If one of the above reasons is correct and an affected person wishes to initiate the deletion of personal data stored at Döbeln Elektrowärme GmbH, they may at any time contact our data protection officer or another employee of the controller. The data protection officer of Döbeln Elektrowärme GmbH or another employee will arrange that the request for deletion be complied with immediately.
If personal data has been made public by Döbeln Elektrowärme GmbH and if our company is responsible for erasing personal data as the controller pursuant to Art. 17 (1) GDPR, Döbeln Elektrowärme GmbH will take appropriate measures, taking into account the available technology and the implementation costs of such appropriate measure, also of technical nature, to inform other data controllers processing the published personal data that the data subject demands all other data controllers to erase any links to their personal data or copies or replications of such personal data as far as the processing is not required. The data protection officer of Döbeln Elektrowärme GmbH or another employee will arrange the necessary in individual cases.
(e) Right to restriction of processing
Any person affected by the processing of personal data shall have the right conferred by the European Directives and Regulations to require the controller to restrict the processing if one of the following conditions applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses the deletion of the personal data and instead requires the restriction of the use of personal data.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims, or
- The data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the above-mentioned conditions exists and an affected person wishes to request the restriction of personal data stored by Döbeln Elektrowärme GmbH, they may at any time contact our data protection officer or another employee of the controller. The data protection officer of Döbeln Elektrowärme GmbH or another employee will initiate the restriction of processing.
(f) Right to data portability
Any person affected by the processing of personal data shall have the right conferred by the European Directives and Regulations to obtain the personal data concerning him/her provided to a controller by the data subject in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without being hindered by the controller, to whom the personal data were provided, provided that the processing is based on the consent in accordance with Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or it is based on a contract pursuant to Art. 6 (1) lit. b GDPR and the processing occurs using automated means, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority delegated to the data controller.
In addition, when exercising your right to data portability under Art. 20 (1) GDPR, you have the right to obtain that your personal data are transmitted directly from one controller to another, provided that this is technically feasible and provided that the rights and freedoms of others are not affected.
In order to assert the right of data portability, the data subject may at any time contact the data protection officer appointed by Döbeln Elektrowärme GmbH or another employee.
(g) Right to object
Any person affected by the processing of personal data shall have the right conferred by the European Directives and Regulations to object, at any time and for reasons arising from their particular situation, against the processing of personal data concerning them under Article 6 (1) lit. e or f GDPR. This also applies to profiling based on these provisions.
Döbeln Elektrowärme GmbH can no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms of data subjects, or if the processing serves for the establishment, exercise or defence of legal claims.
If Döbeln Elektrowärme GmbH processes personal data in order to operate direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to the profiling, as far as it is associated with such direct marketing. If the data subject objects to Döbeln Elektrowärme GmbH for the purposes of direct marketing, Döbeln Elektrowärme GmbH will no longer process the personal data for these purposes.
Where personal data are processed by Döbeln Elektrowärme GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1), the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject can directly contact the data protection officer of Döbeln Elektrowärme GmbH or another employee. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise their right to object by automated means using technical specifications.
(h) Automated individual decision-making, including profiling
Any person affected by the processing of personal data shall have the right conferred by the European Directives and Regulations to not be subject to a decision based solely on automated processing, including profiling, which has a legal effect on it or, in a similar manner, significantly affects them; provided the decision
- is not required for the conclusion or performance of a contract between the data subject and the controller, or
- is permitted by Union or Member State legislation to which the controller is subject, and that legislation provides for appropriate safeguards of rights and freedoms, and contain the legitimate interests of the data subject or
- is taken with the express consent of the data subject.
Is the decision
- required for the conclusion or performance of a contract between the data subject and the controller, or
- carried out with the express consent of the data subject,
The controller shall implement suitable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which include at least the right to obtain intervention from the part of the controller, to express their point of view and to contest the decision.
If the data subject wishes to enforce automated decision-making rights, they may contact our data protection officer or other data controller at any time.
(i) Right to Revoke Data Protection Consent
Any person affected by the processing of personal data shall have the right conferred by the European Directives and Regulations to revoke consent to the processing of personal data at any time.
If the data subject wishes to assert their right to withdraw consent, they may at any time contact our data protection officer or another member of the data controller.
Legal Basis for the Processing operation
Art. 6 (1) lit. a GDPR provides our company with a legal basis for processing operations in which we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfil a contract of which the data subject is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, processing shall be based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfilment of tax obligations, the processing is based on Art. 6 (1) lit. c GDPR. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. In the end, processing operations could be based on Art. 6 (1) lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of legitimate interests of our company or those of a third party, unless the interests, fundamental rights and fundamental freedoms of the concerned person prevail. We are allowed to deal with such processing operations because they have been specifically mentioned by the European legislator. In that regard, it considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence, GDPR).
Authorized interests in the processing that are being pursued by the controller or a third party. Is the processing of personal data based on Art. 6 (1) lit. f GDPR it is our legitimate interest in conducting our business for the benefit of all of our employees and our shareholders.
Duration for which Personal Data is Stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, if they are no longer required to fulfil the contract or to initiate a contract.
Legal or contractual provisions for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of non-provision
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information about the contracting party). Occasionally it may be necessary for a contract to be concluded if an affected person provides us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal information when our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the person concerned cannot be closed. Before the data subject provides personal data, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, if there is an obligation to provide the personal data and what would be the consequence of the failure to provide the personal data.
Existence of Automated Decision-making
As a responsible company we refrain from automatic decision-making or profiling.