Data privacy is particularly important to our company. It is generally possible to use the website without providing any personal data. Should a particular person wish to make use of special services of our company online, however, it may be necessary to process personal data. Should the processing of personal data be required, and should no legal basis exist for such processing, we will obtain the prior consent of the person concerned.
The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned, is always carried out in line with the Federal Data Privacy Act (BDSG), the EU General Data Privacy Regulation (GDPR) that comes into force on 25/05/2018, and any laws which likewise apply. With this data privacy statement, our company would like to provide information on the nature, scope and purpose of the personal data processed by us, and explain to persons concerned what rights they are entitled to assert.
Our company has implemented numerous technical and organisational measures in order to ensure that any personal data processed is protected as comprehensively as possible. Web-based data transmission may, however, possibly contain security gaps, so that absolute protection cannot be guaranteed.
Our company’s data privacy statement is based on the General Data Privacy Regulation (DS-GVO/GDPR). It is formulated so as to be easy to read and understood. In order to ensure this, we are explaining the terms used in advance:
1.1 Personal data
Personal data is “any information which relates to an identified or identifiable natural person (hereinafter referred to as either ’affected person‘ or ’person concerned‘). A natural person is considered identifiable if he or she can be directly or indirectly identified, in particular by means of being allocated to an identifier, such as a name, an ID number, site data, an online identifier or one or more special features which are the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of said natural person” (see Art. 4(1) of the General Data Privacy Regulation (GDPR)).
1.2 Person concerned/affected person
A person concerned or affected person is any identified or identifiable natural person whose personal data is processed by the party responsible for the processing.
Processing is any procedure carried out with or without the aid of automated methods, or any such sequence of procedures in connection with personal data, such as the gathering, recording, organising, ordering, storage, adaptation or amendment of data, the reading out of it, querying of it, use, disclosure of it by way of transmission, dissemination or any other form of provision, the comparison or linking of it, or the limitation, deletion or destruction of it.
1.4 Limitation of processing
Limitation of processing means the marking of stored personal data with the aim of limiting its future processing.
Profiling means any kind of automated processing of personal data where such personal data is used to assess certain personal aspects relating to a natural person, in particular in order to analyse or predict aspects in regard to work performance, economic position, health, personal preferences, interests, reliability, conduct, place of residence or change of location of such natural person.
Pseudonymisation means processing personal data in the case where the personal data can no longer be assigned to a specific person concerned without drawing upon additional information. Such additional information that is subject to the technical and organisational measures is stored separately, and it is thus guaranteed that the personal data cannot be allocated to an identified or identifiable natural person.
1.7 Responsible party or party responsible for the processing
The party responsible, or the party responsible for processing the information, is the natural or legal person, authority, institution or other body which decides, either alone or together with others, for the purpose and means of processing personal data.
1.8 Contract data processor
A contract data processor is a natural or legal person, authority, institution or other body which processes personal data on behalf of the party responsible.
The recipient is a natural or legal person, authority, institution or other body to whom or which personal data is disclosed, irrespective of whether the latter is a third party or not. Authorities which may receive personal data in the context of a particular investigation mandate under EU law or the law of the Member States are not, however, deemed recipients.
1.10 Third party
A third party is a natural or legal person, authority, institution or other body other than the person concerned, the responsible party, the contract data processor and the persons who are authorised, under the direct responsibility of the party responsible or the contract data processor, to process the personal data.
Consent means any expression of intent in the form of a declaration or any other clear confirmatory action voluntarily submitted by the person concerned in regard to the particular case in an informed way and unmistakably, with which the person concerned makes it understood that he or she is in agreement with the processing of the personal data concerning him or her.
2 Name and address of the party responsible for the processing
The party responsible within the meaning of the General Data Privacy Regulation (DS_GVO/GDPR) is:
maxx | solar & energy PTY Ltd.
100 New Church Street
Tamboerskloof, Cape Town, 8001
3 Contact details of our Data Privacy Officer
Mr Johann Fritz
Tel. +49 (0) 941 46 29 09 29
johann.fritz [at] maxx-solar.de
Any person affected may, if he or she has any questions or suggestions on data privacy, contact our Data Privacy Officer directly.
The person concerned can at any time prevent cookies from being placed by our website by adjusting the setting of the web browser used accordingly, and thus permanently oppose the placing of cookies. Furthermore, any cookies already placed can be deleted via a web browser or other software program at any time. This is possible in all common web browsers. Should the person concerned disable the placing of cookies in the web browser used, it will be the case that, under certain circumstances, not all functions of our website can be used in full.
5 Gathering general data and information
The web server of maxx | solar & energy PTY Ltd. collects a series of general data and information each time a person or an automated system accesses the website. This general data and information is stored in the log files of the server. We may record the types and versions of browsers used, the operating system used by the accessing system, the website from which an accessing system accesses our website, the sub-websites 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 which serve to avert danger in the event of attacks on our IT systems. When using this general data and information, maxx | solar & energy PTY Ltd. does not draw any conclusions about the person concerned. Rather, this information is needed to correctly deliver the contents of our website, to optimize the contents of our website as well as the advertising for them, to ensure the permanent functionality of our information technology systems and the technology of our website and to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by maxx | solar & energy PTY Ltd. both statistically and with the aim of increasing data protection and data security in our company ultimately in order to ensure an optimum 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 the person concerned.
5.2 Business Cards
6 The option to make contact via the website
Based on statutory regulations, our company’s website contains details which make it possible to make fast contact with our company electronically, as well as enable direct communication with us, which likewise comprises a general e-mail address. Should a person concerned take up contact with the party responsible for the processing via a contact form, the personal data transmitted by the person concerned will automatically be saved. Such personal data transmitted to the person responsible for the processing by a person concerned on a voluntary basis is saved for the purposes of processing the request or taking up contact with the person concerned. Such personal data is not passed on to third parties.
6.1 maxx | solar & energy Request a Quote.
The Request a Quote function offered on the maxx | solar & energy website is a planning tool that can be used to determine requirements for a solar power system for a user. The user needs to enter data regarding the location, condition of the roof (orientation, size, roof pitch etc.). The user can then also voluntarily enter his contact data (first name, surname, e-mail address and telephone number so that maxx | solar & energy can forward this data to a specialist partner who will then contact the user of the request a quote function. This could be via telephone or e-mail with the user's consent (Art. 6 para. 1 s. 1 lit. f GDPR). The data entered will not be stored by maxx | solar & energy, but will be forwarded to a specialist trade partner for the described purpose.
7 Routine deletion and blocking of personal data
The party responsible for the processing only processes and stores personal data of the person concerned for the period of time which is necessary in order to achieve the purpose of the processing, or in so far as the latter has been stipulated in laws or regulations forming the basis for the processing by the party responsible by the legislative authority. Should the purpose of such storage lapse, or should a storage period prescribed by the legislative authority expire, the personal data is routinely blocked or deleted, in line with the statutory regulations.
8 Rights of the person concerned
8.1 The right to receive confirmation
Every person concerned is entitled to request from the person responsible for the processing a confirmation on whether personal details concerning him or her are processed. Should a person concerned wish to lay claim to this right of confirmation, he or she may contact our Data Privacy Officer or any other employee of the party responsible for the processing for that purpose.
8.2 Right to information
Any person affected by the processing of personal data is entitled to receive the information on the personal data stored on his or her person from the party responsible for the processing, free of charge, and be given a copy of such information along with the information cited here:
- The purposes of processing the personal data
- the categories of personal data that is being processed
- the recipient or categories of recipients to whom the personal data has been disclosed or is yet to be disclosed, in particular in the case of recipients in non-EU countries or at international organisations
- if possible, the scheduled duration for which the personal data will be saved, or, if this is not possible, the criteria for laying down such duration
- the existence of a right to correction or deletion of the personal data concerning him or her or to restricting the processing by the party responsible or of a right of opposition against such processing
- the existence of a right to appeal to a regulatory authority
- if the personal data is not gathered from the person concerned: any information available on the origin of the data
- the existence of automated decision making, including profiling pursuant to Article 22(1) and (4) General Data Privacy Regulation (GDPR), and — at least in such cases — meaningful information on the logic involved, as well as the reach, and the effects of such processing aimed for, for the person concerned.
The person concerned moreover has a right to information on whether personal data has been transmitted to a non-EU country or an international organisation. Should this be the case, the person concerned shall also be entitled to receive information on the appropriate warranties in connection with the transmission.
Should a person concerned wish to lay claim to such a right to information, he or she may contact our Data Privacy Officer for this purpose at any time.
8.3 Right to correction
Any person affected by the processing of personal data has the right to demand immediate correction of any incorrect personal data concerning him or her. The person concerned is, furthermore, entitled, taking into account the purpose of the processing, to demand that incomplete personal data is completed - also by way of a supplementary statement.
Should a person concerned wish to lay claim to such a right to information, he or she may contact our Data Privacy Officer for this purpose at any time.
8.4 The right to deletion (the right to be forgotten)
Any person affected by the processing of personal data has the right to demand of the party responsible that the personal data concerning him or her is deleted immediately, if one of the following grounds applies and if the processing is not necessary:
- The personal data has been gathered for such purposes, or processed in another way, for which it is no longer needed.
- The person concerned revokes his or her consent, on which he or she based the processing pursuant to Art. 6(1)(a) General Data Privacy Regulation (GDPR) or Art. 9(2)(a) General Data Privacy Regulation (GDPR), and there is no other legal basis for the processing.
- Pursuant to Art. 21(1) General Data Privacy Regulation (GDPR), the person concerned is filing an opposition to the processing, and there are no overriding justified grounds for the processing, or the person concerned is filing an opposition against the processing pursuant to Art. 21(2) General Data Privacy Regulation (GDPR).
- The personal data has been processed illegitimately.
- The deletion of the personal data is necessary in order to fulfil a legal obligation in accordance with EU law or the law of the Member States to which the party responsible is subject.
- The personal data has been gathered in regard to services offered in the information society pursuant to Art. 8(1) General Data Privacy Regulation (GDPR).
Should one of the above-mentioned grounds apply and an affected person wish to arrange for the deletion of personal data that is stored with our company, he or she may contact our Data Privacy Officer for this purpose at any time. Our Data Privacy Officer will arrange for the request for deletion to be complied with without delay.
Should the personal data have been published by our company, and should our company, as the party responsible pursuant to Art. 17(1) General Data Privacy Regulation (GDPR), be obliged to delete said personal data, our company shall, taking into account the available technology and the implementation costs, take appropriate steps, also of a technical nature, to inform other parties responsible for the data processing, who process the published personal data, that the person concerned has requested from such other parties responsible for processing the data that all links to said personal data or copies or replications of such personal data be deleted, provided that the processing is not necessary. The Data Privacy Officer will arrange for whatever is necessary in the individual case.
8.5 Right to limit the processing
Any person affected by the processing of personal data has the right, granted by the Legislator of the respective European Directives and Regulations, to require the party responsible to limit the processing of the data if one of the following prerequisites exists:
- The accuracy of the personal data is disputed by the person concerned, and in fact for a period of time which enables the party responsible to check the accuracy of the personal data.
- The processing is illegitimate, and the person concerned refuses to have the personal data deleted, and instead demands that the use of the personal data be restricted.
- The party responsible no longer requires the personal data for the purposes of the processing, the person concerned does, however, require it to assert, exercise or defend legal claims.
- The person affected has filed an opposition against the processing of the data pursuant to Art. 21(1) General Data Privacy Regulation (GDPR), and it has not yet been established whether the justified grounds of the party responsible outweigh those of the affected person.
Should any of the above-mentioned prerequisites apply and an affected person wish to request that the personal data that is stored with our company be limited, he or she may contact our Data Privacy Officer for this purpose at any time. The Data Privacy Officer will arrange for the processing of the data to be limited.
8.6 The right to data portability
Any person affected by the processing of personal data is entitled to receive the personal data concerning him or her, which has been provided to a party responsible by the affected person, in a structured, up-to-date and machine-readable format. He or she additionally has the right to transmit such data to a different party responsible, without being hindered by the party responsible, to which or whom the personal data has been provided, as long as the processing is based on the consent pursuant to Art. 6(1)(a) General Data Privacy Regulation (GDPR) or Art. 9(2)(a) General Data Privacy Regulation (GDPR) or an agreement pursuant to Art. 6(1)(b) General Data Privacy Regulation (GDPR), and the processing is undertaken with the aid of automated procedures, as long as the processing is not necessary in order to complete a task that is in the public interest or completed to exercise official authority that has been conferred upon the party responsible.
When exercising his or her right to data portability pursuant to Art. 20(1) General Data Privacy Regulation (GDPR), the person concerned is, moreover, entitled to cause the personal data to be transmitted directly from one party responsible to another party responsible, if the latter is technically feasible, and as long as the rights and freedoms of other persons are not thereby impaired.
In order to assert the right to data portability, the person concerned may contact the Data Privacy Officer appointed by us at any time.
8.7 Right to file an opposition
Any person affected by the processing of personal data has the right, for reasons which arise from his or her particular situation, to file an opposition against the processing of personal data concerning him or her that is being undertaken based on Art. 6(1)(e) or (f) General Data Privacy Regulation (GDPR), at any time. This also applies to any profiling based on these provisions.
In the event of an opposition, our company no longer processes the personal data, unless we can provide evidence of mandatory grounds for the processing, worthy of protection, which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the purpose of asserting, exercising or defending legal claims.
Should our company process personal data in order to carry out direct marketing, the person concerned is entitled to file an opposition against the processing of the personal data for the purposes of such marketing, at any time. This also applies to profiling, in so far as it is connected with such direct marketing. Should the person concerned oppose the data being processed for the purposes of direct marketing, vis-à-vis our company, we will no longer process the personal data for such purposes.
In addition, the person concerned is entitled, for reasons arising from his or her particular situation, to file an opposition against the processing of personal data concerning him or her that is performed by our company for scientific or historic research purposes or for statistical purposes pursuant to Art. 89(1) General Data Privacy Regulation (GDPR), unless such processing is necessary in order to complete a task that falls within the scope of the public interest.
In order to exercise the right of opposition, the person concerned may contact the Data Privacy Officer directly.
8.8 Automated decisions in the individual case, including profiling
Any person affected by the processing of personal data has the right not to be subjected to a decision based exclusively on automated processing - including profiling - which develops legal validity in regard to him or her or affects him or her considerably in a similar way, as long as the decision is not required for concluding or fulfilling an agreement between the person concerned and the party responsible, or admissible based on legislation of the Union or the Member States, to which the party responsible is subject, with such legislation containing appropriate steps to preserve the rights and freedoms, as well as the justified interests of the person concerned, or effected with the express consent of the person concerned.
Should the decision regarding the conclusion or fulfilment of an agreement between the person concerned and the party responsible be required, or should it be taken with the express consent of the person concerned, our company will take appropriate steps to preserve the rights and freedoms of the person concerned, as well as his or her justified interests, which at least includes the right to arrange for the intervention of a person on the part of the party responsible, the right to explain one’s own position and the right to contest the decision.
Should the person concerned wish to assert rights in regard to automated decisions, he or she may, for this purpose, contact our Data Privacy Officer at any time.
8.9 The right to revocation of any consent under data privacy law
Any person affected by the processing of personal data has the right to revoke any consent given to the processing of personal data at any time. Should the person concerned wish to assert his or her right to revoke any consent granted, he or she may contact our Data Privacy Officer for this purpose at any time.
9 Data privacy in the case of applications and in the application process
The party responsible for the processing gathers and processes the personal data of applicants for the purpose of executing the application procedure. The processing may also be carried out electronically. This is in particular the case if an applicant transmits corresponding application documents to our company electronically, for example by e-mail or via a web form to be found on the website. Should our company conclude an employment contract with an applicant, the data transmitted will be saved for the purpose of handling the employment relationship, adhering to the statutory regulations. Should no employment contract with the applicant be concluded by our company, the application documents will automatically be deleted six months after announcing the decision to turn down the application, unless such deletion is in conflict with any justified interests on the part of the party responsible for the processing. A justified interest, in this sense, may, for example, be an obligation to provide evidence in any proceedings under the German General Equal Treatment Act (AGG).
maxx | solar & energy PTY Ltd has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analytics service. Web analysis is the collection, collection and evaluation of data on the behavior of visitors to Web pages. A web analysis service collects, among other things, data on which web page a person concerned came to a web page from (so-called referrer), which subpages of the web page were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimize a web site and for cost-benefit analysis of Internet advertising.
The Google Analytics component is operated by Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
We use the suffix "_gat._anonymizeIp" for the web analysis via Google Analytics. By means of this addition, Google shortens and anonymizes the IP address of the Internet connection of the person concerned when accessing our web pages from a member state of the European Union or from another contracting state of the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information collected to evaluate the use of our website, among other things, to compile online reports for us that show the activities on our website and to provide other services in connection with the use of our website.
Google Analytics places a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Every time one of the individual pages of this website is called up, which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the person concerned, which serves Google, among other things, to trace the origin of visitors and clicks and subsequently enable commission statements.
Cookies are used to store personal information, such as access time, the location from which access came and the frequency of visits to our website by the person concerned. Whenever you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the USA. This personal data is stored by Google in the USA. Google may disclose personal data collected through the technical process to third parties.
The person concerned can prevent the setting of cookies by our website at any time, as already described above, by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
maxx | solar & energy PTY Ltd uses Webtrends Analytics, a web analytics service provided by Webtrends EMEA Acquisition ltd. / Webtrends Inc., 851 SW 6th Ave., Suite 1600, Portland, Oregon, 97206. Webtrends Analytics uses so-called "cookies", text files located on your computer which allows the analysis of use of the website by you. The information generated by the cookie regarding your use of this website is then transferred to our servers and stored there.
We use this information to evaluate your use of our website in order to compile reports on various website activities. The access data is collected anonymously so that you are not able to become personally identifiable. This is done in particular by the anonymisation of the IP address.
You can prevent the installation of cookies by setting your browser software accordingly; We would point out, however, that in this case you may not be able to fully utilize all the functions of this website. Data collection and storage can be cancelled at any time to prevent it from occurring in the future via the following opt-out link: ondemand.webtrends.com/support/optout.asp
maxx | solar & energy PTY Ltd has integrated components of YouTube on this website. YouTube is an Internet video portal that allows video publishers to post video clips and other users to view, rate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programmes, music videos, trailers or videos produced by users themselves can be called up via the Internet portal.
YouTube is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Each time a YouTube component (YouTube video) is integrated into one of the individual pages of this website operated IBC SOLAR AG, the Internet browser on the person's information technology system is automatically prompted by the respective YouTube component to download the corresponding YouTube component from YouTube. More information about YouTube can be found at https://www.youtube.com/intl/en/yt/about/. In the course of this technical procedure, YouTube and Google are informed which specific subpage of our website is visited by the person concerned.
If the person concerned is simultaneously logged in to YouTube, YouTube recognizes which specific subpage of our website the person concerned is visiting by calling up a subpage containing a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the person concerned.
YouTube and Google receive information via the YouTube component that the person concerned has visited our website whenever the person concerned is logged on to YouTube at the same time as accessing our website; this happens regardless of whether the person concerned clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desired by the person concerned, he can prevent the transmission by logging out of his YouTube account before accessing our website.
The data protection regulations published by YouTube, which can be accessed at https://policies.google.com/privacy?hl=en, provides information about the collection, processing and use of personal data by YouTube and Google.
maxx | solar & energy PTY Ltd is responsible for content has integrated Twitter components on this website. Twitter is a multilingual public microblogging service on which users can publish and distribute so-called tweets, i.e. short messages limited to 140 characters. These short messages are available to everyone, including people who are not registered on Twitter. The tweets are also displayed to the so-called followers of the respective user. Followers are other Twitter users who follow a user's tweets. Furthermore, Twitter makes it possible to address a broad audience via hashtags, links or retweets.
Twitter is operated by Twitter, Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.
Each time an individual page of this website is called up, which has been published by IBC SOLAR AG and on which a Twitter component (Twitter button) has been integrated, the Internet browser on the person's information technology system is automatically prompted by the respective Twitter component to download the corresponding Twitter component from Twitter. More information about the Twitter buttons can be found at about.twitter.com/en/resources/buttons. As part of this technical process, Twitter is informed about which specific subpage of our website is visited by the person concerned. The purpose of integrating the Twitter component is to enable our users to disseminate the content of this website, to make this website known in the digital world and to increase our visitor numbers.
If the person concerned is logged in to Twitter at the same time, Twitter recognizes which specific subpage of our website the person concerned visits with every visit to our website and for the entire duration of the respective stay on our website. This information is collected by the Twitter component and assigned to the respective Twitter account of the person concerned by Twitter. If the person concerned presses one of the Twitter buttons integrated on our website, the data and information thus transmitted will be assigned to the personal Twitter user account of the person concerned and stored and processed by Twitter.
Twitter receives information via the Twitter component that the person concerned has visited our website whenever the person concerned is logged on to Twitter at the same time as accessing our website; this happens regardless of whether the person concerned clicks on the Twitter component or not. If such a transmission of this information to Twitter is not desired by the person concerned, he can prevent the transmission by logging out of his Twitter account before accessing our website.
11 Amendments to the data privacy provisions
We reserve the right to alter our security and data privacy provisions, should it be necessary due to technological developments. We will, in such cases, also adapt our data privacy statement accordingly. Please note the respective current version of our data privacy statement.