energate messenger
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Data privacy

Liability for content

The content of this website was created with the greatest possible care. However, we cannot assume liability for the completeness, topicality, and accuracy of the content provided. According to Sections 8 - 10 of the German Telemedia Act (TMG), as a service provider we are not obliged to monitor third-party information that has been transmitted or stored, or to search for indications and circumstances that indicate the illegality of activities and information.

An obligation on our part to block the use of content within the framework of general laws always remains unaffected by this. However, this liability only comes into question at the moment of becoming aware of a concrete violation of rights. Should we become aware of any infringements of rights, we shall remove the corresponding content without delay.

As a service provider, our liability for our own content is governed by the general laws.

Liability for links

This website contains links to third-party websites - so-called external links. The content of these external links is beyond our control. As a result, we do not assume any liability for such content.

The responsibility always lies with the respective operator of the external pages. At the time of linking the external links, no legal violations were apparent. The permanent monitoring of external content for legal violations without concrete indications is not reasonable for us.

Should we become aware of any legal infringements, we will remove the corresponding external links immediately.

Copyright/performance protection law

German copyright and ancillary copyright law apply to the content published by the provider on this site. Insofar as the copying, editing, distribution, or any other type of use lies outside of German copyright and ancillary copyright law, the written consent of the respective creator is required. Unauthorised copying or downloading of these pages is permitted exclusively for private use, but not for commercial use. Unless we, as the operator, also act as the creator of the content, the copyrights of third parties are respected. We always endeavour to mark such content as third-party content. If you notice a copyright infringement despite the thorough and careful work on our part, we ask you to inform us so that the removal of the respective content can be arranged immediately.

Privacy policy

The following data protection declaration explains which personal data we process and how it is processed.

Person responsible and data protection officer

So that you know who to contact with regard to your data, we will first give you information about who is legally responsible for the processing and who the specific contact person is for your concerns.

Legally responsible person:

energate GmbH
Norbertstrasse 3-5
45131 Essen
Germany

Data protection officer:

Datenschutzbeauftragter
c/o energate GmbH
Norbertstrasse 3-5
45131 Essen
Germany
datenschutz@energate.de

Purposes and legal basis

Log data

Every time you access a website, your internet browser automatically transmits information to our web server for technical reasons (so-called log data). We store some of this information in log files, e.g.

  • Date of access
  • Time of access
  • URL of the referring website
  • File accessed
  • Amount of data transferred
  • Browser type and version
  • Operating system
  • IP address

In principle, we only evaluate log data to rectify faults in the operation of our website or to clarify security incidents.

For troubleshooting purposes or to preserve evidence in the event of security incidents, it may be necessary for us to collect additional personal data with the log data. In these cases, we base the processing of the log data on legal permission.

This processing is based on Art. 6 (1) (f) of the GDPR (General Data Protection Regulation); our interest is the technical provision, security and optimisation of the website.

Contact form

You can contact us via the contact form. The data entered there is partly necessary to enable communication and to process your request. In this case, they are marked as mandatory fields. Other data that you give make it easier for us to address you personally or to process your request more effectively or more quickly.

This processing is based on Art. 6 (1) (b) of the GDPR.

Suppliers and customers

We use contact and communication data and other relevant personal data from our suppliers and customers, insofar as they or their employees are natural persons. We process this data for the purpose of conducting business relationships and communication as well as maintaining contacts.

The processing is based on Art. 6 (1) (f) of the GDPR; our legitimate interests are the handling of the business cooperation and contact maintenance.

Registration on our website

You can register as a user of our website to receive the energate messenger+, energate messenger Schweiz, emw.trends, and energate immo trial subscription. Registration is required for the use of further services. As part of the registration process, we collect and process the following information in order to fulfil your request in the best possible way:

  • Salutation
  • First and last name
  • Email address
  • Telephone number
  • Company
  • Source or recommendation through which you became aware of the website.

Voluntary information:

  • Title
  • Student status yes / no

This processing is based on Art. 6 (1) (b) of the GDPR.

Orders / Subscriptions on our website

After registering on our website, you can also use services that are subject to a fee. To order the service, we collect and process the following order data in addition to the data collected during registration.

Mandatory data:

  • Billing data (depending on the payment method granted by us and selected by the user).
  • Time and scope of all services ordered for a fee (the display of order history in the user account).

This processing is based on Art. 6 (1) (b) of the GDPR.

Newsletter

You can subscribe to newsletters on our website. We have marked the data we need to be able to send you the newsletter; you can voluntarily give us further data so that we can address you in a personalised manner or better coordinate the content. For the processing of the data, your consent is obtained during the registration process, and reference is made to this data protection declaration.

To check whether the newsletter subscription has actually been made by the owner of an email address, we use the "double opt-in procedure". The newsletter is only subscribed to if the owner of the email address has previously expressly confirmed the activation of the newsletter by clicking on the link in the confirmation email. As proof, we log the execution of the individual phases of the double-opt-in procedure.

If you register to receive our newsletter and thus consent to its dispatch, your data will be used exclusively for the purpose of sending the newsletter. You can revoke this consent at any time. You will find a link to this effect in every newsletter. Your unsubscription from the newsletter will be recorded in our database.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user's email address is therefore stored for as long as the subscription to the newsletter is active.

This processing is based on Art. 6 (1) (a) of the GDPR.

(ONLY FOR EXISTING CUSTOMERS AND THE SAME SERVICES)

If you purchase goods or services on our website and enter your email address, it can subsequently be used by us to send you a newsletter. In that case, only direct advertising for our own similar goods or services will be sent via the newsletter. The legal basis is Section 7 (3) of the German Unfair Competition Act (UWG - Gesetz gegen den unlauteren Wettbewerb).

Cookies

We use cookies. Cookies are small text files that we store on your terminal device when you visit our website. Each time you revisit our website, these cookies are sent back to us. This enables us to recognise you, for example, or to make navigation easier for you with the help of the information in the cookies. Cookies cannot be used to start programs or transfer viruses to a computer. Cookies can only be read by the webserver from which they originate.

We do not pass on the information in the cookies to third parties without your express consent. You can also view our website without cookies. Internet browsers are by default set to accept cookies. To prevent the use of cookies by your Internet browser, you can (1) reject the use of cookies when calling up our website via the cookie layer (if available) or (2) deactivate the use of cookies via the settings of your Internet browser. You can find out how to deactivate and/or delete cookies in your browser via the help functions of your Internet browser. Please note that deactivating/deleting cookies may mean that individual functions of our website no longer work as expected. Cookies that may be necessary for certain functions of our website are shown below. In addition, the deactivation/deletion of cookies only affects the Internet browser used for this purpose. For other Internet browsers, the deactivation/deletion of cookies must therefore be repeated accordingly.

Cookies that we use for specific functions, without personal reference:

  • Cookies that store certain user preferences (e.g. search or language settings);
  • cookies that store data to ensure trouble-free playback of video or audio content;
  • cookies that temporarily store certain user entries (e.g. contents of a shopping basket or an online form);

We store the data until the end of the runtime of a respective cookie or until the cookies are deleted by you.

These processing operations are based on Art. 6 (1) (f) of the GDPR. Our interest is the ongoing optimisation of the website and the improvement of user-friendliness.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; "Google"). The use includes the "Universal Analytics" mode of operation. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus to analyse the activities of a user across devices.

Google Analytics uses cookies that enable an analysis of the use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, in the event that IP anonymisation is activated on this website, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. It is also our legitimate interest to process the data for these purposes.

The legal basis for the use of Google Analytics is Section 15 (3) of the German Telemedia Act (TMG) or Art. 6 (1) (f) of the GDPR; the interest is the optimisation of the website. Sessions and campaigns are terminated after a certain period of time. By default, sessions are terminated after 30 minutes without activity and campaigns after six months. The time limit for campaigns can be a maximum of two years. For more information on terms of use and data protection, please visit https://www.google.com/analytics/terms/gb.html or https://policies.google.com/.

You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you might not be able to use all the functions of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser add-on. Opt-out cookies prevent the future collection of your data when visiting this website. To prevent the collection by Universal Analytics across different devices, you must perform the opt-out on all systems used. If you click here, the opt-out cookie will be set: deactivate Google Analytics.

Sharing content on social networks (Facebook, Twitter and LinkedIn)

Content from our website can be shared on social networks via built-in social media buttons. All social media buttons that enable the sharing of content are not directly integrated via social plugins of the social network providers but via simple hyperlinks. This way, we ensure that your data is not automatically transmitted to social network servers as soon as you access our website. Furthermore, when sharing content from our website, we only transmit the data to the social network that is needed to share the corresponding content. We do not transmit any personal data.

In addition, there are simple links to our websites on the respective social networks. If you follow the link from our website to a social network or register with your social network to share content from our website, your data will be processed by the respective provider of the social network. The purpose and scope of the data collection, the further processing, and use of the data by the provider of the social network as well as related rights and setting options to protect your privacy can be found in the information on data protection of the respective provider.

Search with Google Maps

This site uses the map service Google Maps via an API. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission. Google Maps is used in the interest of an appealing presentation of our online offers and to make it easy to find the places we indicate on the website. This constitutes a legitimate interest within the meaning of Art. 6 (1) (f) of the GDPR. More information on the handling of user data can be found in Google's privacy policy: https://policies.google.com/privacy.

Youtube

Our website uses plugins from the YouTube site operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behaviour directly to your personal profile. You can prevent this by logging out of your YouTube account. YouTube is used in the interest of an appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 (1) (f) of the GDPR. Further information on the handling of user data can be found in YouTube's privacy policy at: https://policies.google.com/privacy

Recipients

For the implementation and operation of our website, we work with service providers who may receive personal data:

  • Service providers for hosting services
  • IT service provider
  • Service providers for programming services
  • Service providers for sales and marketing services
  • Forwarding agents for delivery/collection of products
  • Service providers for payment processing
  • Service providers for receivables management
  • Authorities and institutions, if legally required

We only transfer your data to the recipients if it is necessary for the fulfilment of a contract with you, or if there is a legitimate interest in the transfer of your data, or if we have your consent for the transfer. These recipients include service providers and other companies in the group.

Disclosure to recipients outside the European Economic Area (EEA)

We do not share personal data with recipients located outside the EEA in so-called third countries.

Obligation to provide

In so far as the personal data is required for the establishment and implementation of the business relationship and the associated contractual or legal obligations, this data must be provided by you so that we can fulfil our performance obligations or legal obligations. Without the provision of the data, we may no longer be able to provide the service or may not be able to do so correctly or completely.

Storage period

If we store your personal data, this will only be for a limited time and no longer than necessary. In principle, we delete your data when it is no longer necessary for the processing purpose for which it was collected or if there are other legal reasons that require deletion.

Insofar as we are subject to legal retention obligations that require longer retention, we store the data for this period to comply with retention periods under commercial and tax law, which are between 2 and 10 years.

Other legal reasons for retention may be that we need to retain data for evidentiary purposes for the duration of the applicable statute of limitations. These periods are generally between 2 and 30 years.

Your rights in relation to your personal data

As the legal details of your rights in relation to your personal data are quite complicated, we provide you with the most important information on rights below. You can also contact our Data Protection Officer to find out more about what these rights mean in detail. Please let us know in which form you would like to receive the information. If you do not indicate a wish, we will usually answer your request in the same form as the request. You will receive feedback within one month. In the case of obviously unfounded or excessive requests, we are entitled to charge an appropriate fee or to refuse your request.

Access to your data, Art. 15 of the GDPR

You have the right to request information about whether or not we are processing personal data relating to you. If we process your personal data, you will receive information about the specific data and further additional information.

Correction of your data, Art. 16 of the GDPR

You have the right to request us to correct your data if it is incorrect, inaccurate and/or incomplete; the right to rectification includes the right to completion through supplementary declarations or notifications.

Deletion of your data, Art. 17 of the GDPR

You have the right to request that we delete your personal data if there is no longer a reason to keep it.

Restriction of the processing of your data by us. Art. 18 of the GDPR

You have the right to have the processing of your personal data restricted in certain cases for a specific scope.

Data portability, Art. 20 of the GDPR

You may have the right to request the return of data relating to you in a commonly used electronic, machine-readable data format.

The right to data transfer includes the right to transfer the data to another controller; upon request, we will - as far as technically possible - transfer data directly to a controller designated by you or yet to be designated. The right to data transfer only applies to data provided by you, and requires that the processing is based on consent or is used for the performance of a contract, and is carried out with the help of automated processes.

Objection to our processing of your data, Art. 21 of the GDPR

In the case of processing of personal data for the performance of tasks in the public interest (Art. 6 (1) (e) of the GDPR or for the performance of legitimate interests (Art. 6 (1) (f) of the GDPR), you may object to the processing of personal data concerning your person at any time with effect for the future if there is no reason for further processing.

(Please note that you are not legally entitled to the right to object if the processing is based on consent. However, since you are entitled to a right to revoke consent with effect for the future whenever data is processed with your consent, you achieve a result comparable to the objection by revoking it).

Revocation of consent

If you have given us consent to process your personal data, you can revoke this consent at any time and without giving reasons with effect for the future. To do so, please contact the contact point where you gave your consent or the Data Protection Officer directly.

Complaints

You have the right to lodge a complaint with the responsible supervisory authority regarding the processing of your personal data, Art. 77 of the GDPR.