We are pleased that you are visiting our website. Data protection is a matter of trust, and your trust is important to us. So the protection of your personal data is a particularly important matter for us. We would therefore like to inform you at this point about which personal data we collect from you when you visit our websites and about the purposes for which those data are used.
We confirm that we are compliant with the statutory provisions on data protection and data security. In particular, we use data only for the purposes stated below, and we take measures to ensure data security by making sure that data are used appropriately and are not disclosed to unauthorised persons. Clients, service providers and their employees are obliged to maintain secrecy and confidentiality concerning the data that we disclose to them, unless there are legally admissible grounds for transferring or disclosing data that have been entrusted or made accessible to them.
This Privacy Statement applies to the controller’s Internet content which can be accessed at the www.eda.at and www.eda-portal.at domains and the various subdomains (hereinafter referred to as “our websites”). We reserve the right to amend this Privacy Statement with effect for the future, in particular in the event of further development of the website, use of new technologies or changes to the legal bases or to relevant case law.
You can print or save this Privacy Statement using the standard functions of your browser.
In the interest of readability, we use the masculine form on this website for references to persons and for nouns related to persons. Terms used apply to all genders in accordance with the principle of equal treatment. The abbreviated form is used solely in the interest of readability and does not imply a value judgement of any kind.
1 NAME AND ADDRESS OF THE CONTROLLER
The controller in accordance with Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is:
EDA Energiewirtschaftlicher Datenaustausch GmbH
Am Belvedere 8
Telephone: +43 1 3618 313-0
2 CONTACT FOR DATA PROTECTION ENQUIRIES
EDA Energiewirtschaftlicher Datenaustausch GmbH
Am Belvedere 8
Telephone: +43 1 3618 313-0
3 GENERAL INFORMATION RELATING TO DATA PROCESSING
3.1 Scope of the processing of personal data
Personal data means any information relating to an identified or identifiable natural person. As a general principle, we collect and use personal data from our users only to the extent necessary in order to provide a functional website and to display and deliver our content and services.
3.2 Legal bases for collection and processing of your personal data
Where we obtain the data subject’s consent for processing operations involving personal data, Art. 6 (1) (a) GDPR serves as the legal basis for the processing of personal data.
Where processing of personal data is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary in order to take steps prior to entering into a contract.
Where processing of personal data is necessary for compliance with a legal obligation to which the controller is subject, Art. 6 (1) (c) GDPR serves as the legal basis.
In the event that vital interests of the data subject or of another natural person necessitate the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
If the processing is necessary for the purpose of a legitimate interest pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.
3.3 Data erasure and storage period
The data subject’s personal data will be erased once the purpose of the storage ceases to apply. Personal data may be stored for a longer period if provided for by European or national legislators in European Union regulations, laws or other provisions to which the controller is subject. The data will also be erased once a storage period prescribed by the aforementioned standards has expired, unless further retention of the data is required for the conclusion or performance of a contract.
4 PROVISION OF THE WEBSITE AND CREATION OF LOG FILES
When you access and use our website, we collect the data that your browser automatically sends to our servers. This information is stored temporarily in what is known as a log file. When you use our website, we collect the following data which are technically necessary in order for us to display our website to you and to ensure stability and security:
- Information about the browser type and version used
- The user’s operating system
- The user’s internet service provider
- The user’s IP address
- The date and time of access
- Websites from which the user’s system accesses our website
- Websites accessed by the user’s system via our website
The data are also stored in our system’s log files. This does not apply to the user’s IP addresses or to other data that enable the data to be assigned to a user. These data are not stored together with other personal data concerning the user.
4.1 Legal basis
Art. 6 (1) (f) GDPR serves as the legal basis for the aforementioned data processing. Processing of the aforementioned data is necessary in order for us to provide our website, hence it serves to protect a legitimate interest pursued by our company.
4.2 Erasure and storage period
Temporary storage of the IP address by the system is necessary for delivery of the website to the user’s computer. For this purpose, the user’s IP address must be stored for the duration of the session.
5.1 Technically necessary cookies
User data collected using technically necessary cookies are not processed to create user profiles. We only use what are known as “session cookies” on our website, which store a session ID that can be used to assign various requests from your browser to the common session. Some elements of our website require the identification of the requesting browser even after a page change. Session cookies are necessary for the use of the website.
5.2 Legal basis
The legal basis for this processing is Art. 6 (1) (f) GDPR.
5.2.1 Functional cookies
Functional cookies store information such as user name, language selection or fonts and offer improved and personalised functions for users of the website. All information stored is anonymised. The user can enable or disable individual cookies at any time in the cookie settings.
5.3 Erasure and storage period
The session cookies we use are erased as soon as you close the browser. They are not stored for any other purposes thereafter.
5.4 Configuration of the browser settings
You can manage your cookie settings using the configuration options in your browser settings listed below.
Most browsers are preconfigured to accept cookies automatically. By changing the settings in your internet browser, you can either fully disable or restrict the transfer of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. Please note, however, that if you disable cookies on our website using your browser settings, you may no longer be able to make full use of all the features of our website. You can also use your browser settings to delete cookies that are already stored in your browser or to display the storage period. Additionally, you can configure your browser so that you receive a notification before cookies are stored. Different browsers work in different ways, so please refer to your browser’s help menu for its configuration options.
6 REGISTRATION ON THE EDA USER PORTAL
Potential users of the EDA user portal are all Energy Service Providers, community generation facility operators or renewable energy communities that are entitled to use the EDA user portal on the basis of the statutory provisions (ElWOG 2010, EAG package) and the corresponding agreement with the system operator(s).
The requirements for using the EDA user portal are:
- Successful registration on the Austrian energy industry’s information platform for the role of “Energy Service Provider”, “Community Generation Facility Operator”, “Renewable Energy Communities” or “Citizens Energy Community” (for more information, please visit ebUtilities.at)
- Conclusion of an agreement in the following cases:
- For the role of“Community Generation Facility Operator”: Agreement on the operation of a shared power generation facility with the network operator(s) as defined in Sec. 16a ElWOG (sample contracts are available at ebUtilities.at)
- For the role of“Renewable Energy Communities”: Agreement of the renewable energy community relating to the operation of a renewable energy community as defined in Secs. 79 and 80 EAG or 16c et seq. ELWOG with the system operator (sample contracts are available at ebutilities.at)
- For the role of“Citizens Energy Communities”: Agreement of the Citizen Energy Community relating to the operation of a Citizen Energy Community as defined in Secs. 79 and 80 EAG or 16b et seq. ELWOG with the system operator (sample contracts are available at ebutilities.at)
- Successful completion of the required registration process on the EDA user portal using the form “Application form for registration on the EDA user portal”.
The registration process on the EDA user portal is very simple:
- If you meet the first and second requirements listed above for registration on the EDA user portal, just send a scan of the fully completed registration application by e-mail to the following recipient address: firstname.lastname@example.org
- The registration process will begin when you submit the fully completed registration application. In the course of this process, our customer service department will check whether the application meets the requirements for registration for the EDA user portal. If it meets all of the registration requirements, the user will receive a confirmation of registration. Electronic access to the EDA user portal will be activated within 10 working days.
- Once you have received the access details, you will be able to use the features of the EDA user portal.
You can find the forms and documents required to meet the third and fourth requirements listed above at: www.eda.at/anwenderportal.
7 RIGHTS OF THE DATA SUBJECT
If your personal data are being processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller.
7.1 Right of access
You may request confirmation from the controller as to whether or not we are processing personal data concerning you. Where that is the case, you may request the following information from the controller:
- The purposes for which the personal data are being processed
- The categories of personal data being processed;
- The recipients or categories of recipient to whom the personal data concerning you have been or will be disclosed
- Where possible, the envisaged period for which the personal data concerning you will be stored or, if not possible, the criteria used to determine the storage period
- The existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller, or a right to object to such processing;
- The existence of the right to lodge a complaint with a supervisory authority
- Where the personal data are not collected from the data subject, any available information as to their source
- The existence of automated decision-making, including profiling, pursuant to Art. 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
- You have the right to request information as to whether or not personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards relating to the transfer pursuant to Art. 46 GDPR
7.2 Right to rectification
You have a right to obtain from the controller the rectification and/or completion of any inaccurate or incomplete personal data concerning you which are being processed. The controller must rectify the data without undue delay.
7.3 Right to restrict processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
- If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data
- The processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead
- The controller no longer needs your personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims
- If you have objected to the processing pursuant to Art. 21 (1) GDPR and pending verification as to whether the legitimate grounds of the controller outweigh your own
Where the processing of personal data concerning you has been restricted, such data may, with the exception of their storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.
If the processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
7.4 Right to erasure
7.4.1 Obligation to erase data
You may obtain from the controller the erasure of personal data concerning you without undue delay. The controller has an obligation to erase personal data without undue delay where one of the following grounds applies:
- The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
- You withdraw your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
- You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) GDPR.
- The personal data concerning you have been unlawfully processed.
- The personal data concerning you have to be erased for compliance with a legal obligation under European Union or Member State law to which the controller is subject.
- The personal data concerning you were collected in relation to the offer of information society services pursuant to Art. 8 (1) GDPR.
7.4.2 Notification of third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1) GDPR 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 controllers processing the personal data that you, as the data subject, have requested that they erase any links to, or copies or replications of, those personal data.
The right to erasure does not apply where the processing is necessary:
- for exercising the right of freedom of expression and information
- for compliance with a legal obligation which requires processing under European Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest, or in the exercise of official authority vested in the controller
- for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, where the right referred to in the subsection “Obligation to erase data” is likely to render impossible or seriously impair the achievement of the objectives of that processing
- for the establishment, exercise or defence of legal claims
7.5 Right to be informed
Where you have exercised your right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller has an obligation to inform each recipient to whom the personal data concerning you have been disclosed of such rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients by the controller.
7.6 Right to data portability
You have the right to receive the personal data which you have provided to the controller in a structured, commonly used and machine-readable format. In addition, you have the right to transfer those data to another controller without hindrance from the controller to which the personal data were provided, where the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and the processing is carried out by automated means.
In exercising this right, you shall also have the right to have the personal data concerning you transferred directly from one controller to another, where technically feasible. The rights and freedoms of other persons must not be adversely affected thereby. The right to data portability does not apply to processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7.7 Right to object to processing
You shall have the right at any time, on grounds arising from your particular situation, to object to the processing of personal data concerning you under Art. 6 (1) (e) or (f) GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data concerning you, unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or unless the purpose of the processing is the establishment, exercise or defence of legal claims.
Where personal data concerning you are processed for direct marketing purposes, you shall have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing. This shall also apply to profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes.
7.8 Right to withdraw consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing carried out based on consent before its withdrawal.
7.9 Automated individual decision-making, including profiling
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This right shall not apply if the decision:
- is necessary for entering into, or for the performance of, a contract between you and the controller
- is authorised by European Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
- is based on your explicit consent
Such decisions, however, shall not be based on special categories of personal data referred to in Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in (1) and (3) above, the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view, and to contest the decision.
7.10 Right to lodge a complaint with the data protection authority
If you consider that the processing of personal data concerning you breaches the GDPR, you shall have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your place of employment or the place where the suspected breach took place.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and the outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
If you believe that the processing of your data contravenes data protection law or otherwise infringes your data protection rights, you may lodge a complaint with the competent supervisory authority.
8 HYPERLINKS TO EXTERNAL WEBSITES
On our website, we use what are known as hyperlinks to websites of other providers. When these hyperlinks are activated, you will be redirected from one of our websites directly to the website(s) of the other provider(s). You will recognise this, inter alia, by the change in URL. We cannot accept any responsibility for the confidential handling of your data on these third-party websites, as we have no control over whether or not those companies are compliant with data protection regulations. For details of how those companies handle your personal data, please see their respective websites directly.
9 DATA SECURITY
We undertake to protect your privacy and to treat your personal data as confidential. In order to prevent manipulation, loss or misuse of your data stored with us, we take extensive technical and organisational security precautions, which are regularly reviewed and revised to reflect progress in technology.
10 AMENDMENT OF THE PRIVACY STATEMENT
It may become necessary to amend this Privacy Statement as a result of further development of our services, our website(s) and the content and services we offer. EDA Energiewirtschaftlicher Datenaustausch GmbH reserves the right to amend the Privacy Statement at any time with effect for the future. We recommend that you re-read the current Privacy Statement from time to time.