Information about the processing of personal data

Information about the processing of personal data of https://eshop.photonenergy.com/ website users

within the meaning of the provisions of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”), as well as taking into account the general principles of the GDPR

(hereinafter referred to as the “Information”)

1. Personal data controller

Photon Energy (Group) in its broadest sense refers to a group of companies conducting business in the renewable energy sector. As of the date of this Information, Photon Energy Group comprises approximately 125 companies operating worldwide; the managing company of the entire Group is Photon Energy N.V., with its registered office at Barbara Strozzilaan 201, Amsterdam 1083 HN, the Netherlands, registered in the Commercial Register of the Dutch Chamber of Commerce (Kamer van Koophandel), Commercial Register Number: 51447126, Tax Identification Number: NL850020827B01.

In relation to the control and processing of personal data, as defined in the GDPR and further specified herein below, the position of both the main controller and the processor of personal data is held by Photon Energy Technology CEE s.r.o., with its registered office at Karolinská 661/4, Karlín, 186 00 Prague 8, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File No. 144803, Company ID No.: 28482069 (hereinafter referred to as the “Controller” or “Photon Energy”), which, in cooperation with its subsidiaries in the Group, takes the main decisions regarding the purposes and means of the processing of personal data and, therefore, is the main establishment (see point 36 of the GDPR Preamble). The Controller operates and is responsible for the processing of personal data collected through the https://www.eshop.photonenergy.com/ website.

2. Method of collecting personal data

The personal data of https://www.eshop.photonenergy.com/ website users (hereinafter referred to as the “User” or “Users”) are collected by Photon Energy directly from specific natural persons at the moment when they:

visit the https://eshop.photonenergy.com/ website;
accept “cookies”;
register;
place an order/make a purchase and accept the General Terms and Conditions;
use the contact option via the online communication form and voluntarily provide their personal data there; * or
sign up to subscribe to the “Newsletter”.

* In the event that the User provides Photon Energy with his/her personal data via the form for communication with Photon Energy, the User confirms that he/she is acquainted with the Information provided herein, prior to the first provision of personal data within the form.

3. Purpose of processing personal data

Personal data are processed by Photon Energy in the form in which they are provided by the User, only for the purposes set out below:

sending commercial communications (direct marketing) (in accordance with Section 47, Section 70 and Article 6 (1) (f) of the GDPR) and in connection with the provisions of Section 7 (3) of Act No. 480/2004 Coll., on certain information society services; in this case, the Controller has a legitimate interest in the processing of personal data to promote Photon Energy Group’s services and product offering;
control and processing of personal data for the purpose of communication with specific Users in relation to the goods and services purchased;
control and processing of personal data provided by website Users in connection with the distribution of the “Newsletter” based on the consent granted by the User;
for statistical purposes in anonymous form in order to optimise and improve the functioning of the website.

The Controller declares that it does not process personal data in a way that is incompatible with the above purposes.

4. Scope of the processing of personal data

Personal data collected from https://eshop.photonenergy.com/ website Users are processed by Photon Energy only to the extent necessary to achieve the purposes set out in Article 3 above.

In the event that a User visits the https://www.eshop.photonenergy.com/ website, Photon Energy automatically provides the following information:

IP address;
information about the individual Photon Energy pages (product pages) visited by the User;
the date and time of the User’s visit to the pages;
referrer URL.

Data about access to and use of the https://eshop.photonenergy.com/ website is stored in log files.

Personal data of the https://eshop.photonenergy.com/ website Users who register and purchase goods or services from Photon Energy through this website:

login;
password;
invoicing address;
contact address;
first name/surname;
email;
phone;
delivery address.

If the User subscribes to the Newsletter, Photon Energy provides some of the following information:

name and surname;
email;

Personal data of the https://eshop.photonenergy.com/ website Users who use the possibility of communication via the contact form located on the website:

name and surname;
email.

If other personal data are provided beyond the above where such data are not relevant to the subject of the negotiations between the User and Photon Energy whatsoever, such data will not be processed and will be erased and removed from the system within a reasonable period of 30 days.

Personal data collected through the https://eshop.photonenergy.com/, including data provided through the contact form, are processed by Photon Energy in an automated manner. Automated processing is the processing of personal data in which only automated information systems, such as IT applications, software, etc., are used. When processing personal data, Photon Energy does not use automated processing of personal data on the basis of which aspects of persons’ behaviour are evaluated or predicted (“profiling”).

5. Duration of processing of personal data

Personal data processed in connection with the operation of the https://www.eshop.photonenergy.com/ website are processed by Photon Energy for the period necessary to achieve the declared purposes of the processing.

Personal data collected in connection with the use of the https://www.eshop.photonenergy.com/ website are processed by Photon Energy for the duration of the use of this website by the specific User and thereafter for a period of 5 years. The Controller has a legitimate interest in keeping such personal data in order to protect its rights in the event of potential litigation. After this period, the personal data will be disposed of in a secure manner.

Personal data included in accounting, tax and other similar documents are kept by Photon Energy for the statutory period applicable to the keeping of accounting documents, i.e. 10 years following the year to which they relate.

The personal data of Users who have registered for the permanent subscription to the Newsletter via the https://www.eshop.photonenergy.com/ website are processed by Photon Energy for the period of time finally determined by the Users themselves, i.e. for the period of time for which they voluntarily subscribe to the Newsletter and thereafter for a period of five years in order to protect its rights in case of potential litigation. Subscribers have the option to stop subscribing to the Newsletter via the link provided in the email through which they received the Newsletter.

6. Transfer of personal data to third parties

No unauthorised transfer of personal data to a third country or international organisation takes place during the processing of personal data. Personal data are transferred (i) within Photon Energy Group, always to Photon Energy staff who are authorised to handle such data and who are under an obligation of confidentiality regarding such data, as well as the security measures taken to protect such data, the disclosure of which would compromise the security of such personal data, or (ii) to public authorities if Photon Energy is obliged to do so under the law.

The personal data of https://eshop.photonenergy.com/ website Users are also transferred to the following entities for external processing:

Quartex Praha, s.r.o., Company ID No.: 25678230, registered office: Nádražní 203/9, 250 64 Měšice, File No. C 60466, registered at the Municipal Court in Prague – providing IT services for the Controller and the Processor.
SCHENKER spol. s r.o., Company ID No.: 615 00 780, registered office: Nučice, K Vypichu 731, postcode: 252 16, File No. C 30706, registered at the Municipal Court in Prague – as the main carrier.

7. Users’ rights in connection with the processing of personal data

As a User of the https://eshop.photonenergy.com/ website, you may exercise the following rights in relation to Photon Energy:

the right of access to personal data (the right to obtain a certificate from the Controller as to whether personal data relating to the User are/are not processed in accordance with Article 15 of the GDPR);
the right to withdraw the consent previously given to the control and processing of personal data;
the right to rectification of personal data;
the right to erasure of personal data;
the right to restriction of the processing of personal data;
the right to the portability of personal data;
the right to a copy of personal data;
the right to object to the processing of personal data;
the right to lodge a complaint with the Office for Personal Data Protection and the right to effective judicial protection if the User considers that his/her rights under the GDPR have been infringed as a result of the processing of personal data in breach of this Regulation.

The aforementioned rights may be exercised in writing addressed to the registered office of Photon Energy, via email: privacy@photonenergy.com, or in the case of a complaint to a supervisory authority to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection, with its registered office at Pplk. Sochora 727/27, postcode 170 00, Prague 7. We will provide you with our response or information about the measures taken as soon as possible after receiving your request.

If any commercial communication is disseminated by Photon Energy to Users via electronic mail, it is clearly marked as a “commercial communication” and information is also provided about whom and how the addressee can send the request that he/she does not wish to continue receiving commercial information from the sender.

In accordance with Section 70 and Article 21 of the GDPR, the Controller expressly draws the User’s attention to the fact that, with regard to personal data processed for the purpose of sending commercial communications (direct marketing), the User has the right to object at any time, free of charge, to such processing of personal data (including profiling, insofar as it relates to such direct marketing), to the extent that the processing is related to the direct marketing in question, whether in initial or further processing. If the User objects to the processing of personal data for the purpose of sending commercial communications (direct marketing), Photon Energy undertakes to no longer process the personal data for this purpose.

8. Use of cookies

We use cookies to optimize our Website. A cookie is a text file that is either temporarily stored in the computer memory (hereinafter ‘session cookie’) or stored on the hard disk (hereinafter ‘persistent cookie’). Cookies contain information about previous visits by the User on the server or information which pages or services have been visited by the User. Cookies are used to identify the Users’ computer as they use a network. Specific cookies are used to improve their web browsing experience. You always have the option to refuse the setting of non-technical (non-essential) cookies. This is usually done by selecting the appropriate option in Your browser settings. Please see our cookie policy for full details.

9. Use of Google Analytics

This Website uses Google Analytics, a web analytics service provided by Google, Inc. (hereinafter ‘Google’) to gain insights and improve the functionality of Our website, or to collect data for marketing purposes. The information generated by the cookie about Your use of the Website (including Your IP address) may be transmitted to and stored by Google on servers outside the European Union. Google Analytics operates data centers globally, including in the United States, to maximize service speed and reliability. Before data is transferred to any servers in the United States, it is collected in local servers, where users’ IP addresses are anonymized (when the feature is enabled by customers). You may opt out and refuse the use of analytical cookies.

In addition, We may use Google Signals. Google signals are session data from sites and apps that Google associates with users who have signed into their Google accounts, and who have turned on Ad Personalization. This association of data with these signed-in users is used to enable cross-device reporting, cross-device remarketing, more information can be found here.

10. Changes of Privacy Policy

We are allowed to change or amend this Privacy Policy, the change is effective by its publication on the Website of the Controller.

Disclaimer

1. Limitation of Liability

Despite the utmost care in preparing the Website, we do not warrant the accuracy, completeness and actuality of the content provided. The use of the contents of the Website is at Your own risk. The use of the Website does not create any contractual relationship between the User and any entity of the Photon Energy Group.

2. External Links

If the Website contains links to third party websites (hereinafter ‘external links’), the content of these websites is subject of the liability of the respective operator. At the time of linking, no violations of laws or third party rights were found by us. We have no influence on current and future design and content of the linked pages. In any case, no content of the linked pages shall be understood as statements, offers or advertisement of the Photon Energy Group or in any other way as content of this Website. Once we become aware of violations in the linked sites, these links will be deleted immediately.

Intellectual Property Law, Copyright and Rights related to Copyright

The contents published on the Website are protected by copyright or any other Intellectual Property law. Each use of the contents and information on the Website which is not allowed shall require the prior written approval of Photon Energy N.V. or respective owners of the copyright.