Data protection

Thank you very much for your interest in our research cooperation. Data protection has a particularly high priority for the management of the Energie Campus Nürnberg (EnCN). It is possible to use the Internet pages of the Energie Campus Nürnberg without providing any personal data. However, if a person wishes to make use of special services provided by our company via our website, personal data may have to be processed. If the processing of personal data is necessary and there is no legal basis for such processing, we generally request the approval of the person affected.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the EnCN. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the EnCN has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions
The data protection declaration of the EnCN is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

Personal data means any information relating 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.

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, 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, erasure or destruction.

Consent of the data subject is 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.

  1. Personal data
    Personal data means any information relating 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.
  2. Processing
    Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, 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, erasure or destruction.
  3. Consent
    Consent of the data subject is 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.

2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Energie Campus Nürnberg
Germany
Phone: 0911 56854-9120
Email: info@encn.de
Website: www.encn.de

3. Name and Address of the Data Protection Officer The Data Protection Officer of the controller is:

Norbert Gärtner, RD
Schloßplatz 4
91054 Erlangen

 

Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.

4. Collection of general data and information
This website collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the EnCN does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) ensure the long-term viability of our information technology systems and website technology, and (3) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the ZAE Bayern analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

4.1. Routine erasure and blocking of personal data 
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

5. Rights of the data subject

a. Right of confirmation and access (GDPR Art. 15)

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed free information about his or her personal data stored at any time and a copy of this information. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b. Right to rectification (GDPR Art. 16)

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

c. Right to erasure (GDPR Art. 17)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay, as long as the processing is not necessary.

If a data subject wishes to request the erasure of personal data stored by the EnCN, he or she may, at any time, contact any employee of the controller. An employee of ZAE Bayern shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the ZAE Bayern will arrange the necessary measures in individual cases.

d. Right of restriction of processing (GDPR Art. 18)

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following 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 and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.

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.

The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the EnCN, he or she may at any time contact any employee of the controller. The employee of the EnCN will arrange the restriction of the processing.

e. Right to data portability (GDPR Art. 20)

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the EnCN.

f. Right to object (GDPR Art. 21)

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The EnCN shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If the EnCN processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the EnCN to the processing for direct marketing purposes, the EnCN will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the EnCN for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, 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 may contact any employee of the EnCN. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

g. Right to withdraw data protection consent (GDPR Art. 7)

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the EnCN.

6. Use of cookies

a. Description and scope of data processing:

Our website uses cookies. Cookies are text files that are saved in the user’s web browser or by the web browser on the user’s computer system. When a user accesses a website, a cookie can be stored in the user’s operating system. This cookie contains a character string that allows the unique identification of the browser when the website is accessed again.

We use cookies to make our website more user-friendly. Some parts of our website require that the requesting browser can also be identified after changing pages.
During this process, the following data are stored in the cookies and transmitted:

  • Log-in information (only in the case of protected information that is made available exclusively to EnCN members)

  • Search preferences (from January 2019)

Technical measures are taken to pseudonymise user data collected in this way. This means that the data can no longer be assigned to the user. The data are not stored together with other personal data of the user.
When accessing our website, a banner informs users that cookies are used for analysis purposes and makes reference to this data protection policy. In connection with this, users are also instructed how they can block the storage of cookies in their browser settings.

b. Legal basis for data processing

The legal basis for the processing of personal data with the use of cookies is Art. 6 (1) (f) GDPR.

c. Purpose of data processing

Analysis cookies are used for the purpose of improving the quality of our website and its content. We learn through the analysis cookies how the website is used and in this way can continuously optimise our web presence.
These purposes also constitute our legitimate interests in the processing of personal data in accordance with Art. 6 (1) (f) GDPR.

d. Storage period, options for filing an objection or requesting removal

As cookies are stored on the user’s computer and are transmitted from it to our website, users have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your web browser. Cookies that are already stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may be the case that not all of the website’s functions can be used in full.

7. Newsletters

a. Description and scope of data processing

You can subscribe to free newsletters via our website. When you register for a newsletter, the data from the input form are transmitted to us.
In the course of the registration process, we request your consent for the processing of your personal data and draw your attention to this data protection policy.
No data are disclosed to third parties in connection with data processing for the dispatch of newsletters. Such data are used exclusively for dispatching and improving our newsletters.

b. Legal basis for data processing

Once the user has granted consent, the legal basis for data processing following the user’s registration for a newsletter is Art. 6 (1) (a) GDPR.

c. Purpose of data processing

The user’s e-mail address is needed to deliver the newsletter.

d. Storage period

Data are deleted as soon as they are no longer necessary for fulfilling the purpose for which they were collected. Accordingly, users’ email addresses are stored for as long as they subscribe to the newsletter.

e. Options for filing an objection or requesting removal

Users can cancel their newsletter subscriptions at any time. Each newsletter contains a link for this purpose.

8. Contact possibility via the website
This website contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

9. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data 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(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

10. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

11. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

12. SSL encryption
Our website uses SSL encryption for security reasons and to protect the transmission of confidential information, for example enquiries you send to us as operators of the website. You can recognise an encrypted connection when the browser’s address line changes from ‘http://’ to ‘https://’ and a padlock appears in your web browser.

If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

13. Matomo (former Piwik)
This website uses the open source web analysis service Matomo. Matomo uses so-called "cookies". These are text files which are stored on your computer and enable an analysis of your use of the website. For this purpose, the information generated by the cookie about the use of this website is stored on our server. The IP address is anonymised before it is stored.

Matomo cookies remain on your terminal until you delete them.

Matomo cookies are stored on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a justified interest in the anonymous analysis of user behaviour in order to optimize both his website and his advertising.

The information generated by the cookie about the use of this website is not passed on to third parties. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

If you do not agree with the storage and use of your data, you can deactivate the storage. In this case, an opt-out cookie will be stored in your browser to prevent Matomo from storing usage data. If you delete your cookies, the Matomo Opt-Out-Cookie will also be deleted. The opt-out must be reactivated when you visit our site again.

14. Adobe Typekit
This website uses so-called web fonts for the uniform display of fonts. When you open a website, your browser loads the required web fonts in order to display texts and fonts correctly.

Web fonts from Adobe Systems Inc. are used to display these web pages. (USA), San Jose, California, from the Typekit service. Adobe Systems Inc. receives information about your IP address, the calling domain and the requested font. For more information about the information Adobe collects, please visit: www.adobe.com/privacy/policies/typekit.html.

Typekit web fonts are used to help ensure a consistent and engaging experience on our web pages. This represents a legitimate interest within the meaning of Art. 6 (1) 1 f) DSGVO.

Data will only be transferred to bodies outside the European Union if the EU Commission has confirmed an appropriate level of data protection for the third country or if other appropriate data protection guarantees (e.g. binding internal company data protection regulations, EU standard contract clauses or EU-US Privacy Shield) are in place.

Adobe has an office in the Union. Adobe Systems Software Ireland Limited, Managing Director Mark Higgins, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland. For more information about how we treat user information, please see Adobe's privacy policy at www.adobe.com/de/privacy.html.

For more information about the Adobe Typekit service, please visit: www.typekit.com.

15. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
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 on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

The basis for this Privacy Policy is the Privacy Policy Generator of the German Association for Data Protection that was developed in cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE, Cologne and was changed and/or completed as needed for the current website.

16. Additional Hints
For missing information, please check the german privacy policy