Privacy Policy

As of: December 3, 2024

Table of Contents

Controller

ESV – Tools for Electrical Power Distribution UG
Hans-Günther Gänslein
Theaterplatz 5
96450 Coburg

Email address: Gaenslein@ESV-Systems.com

Phone: +49 9561 3547419

Imprint: https://esvgmbh.de/impressum/

Overview of Data Processing

The following overview summarizes the types of processed data and the purposes for their processing, along with the affected persons.

Types of Processed Data

  • Content Data.
  • Usage Data.
  • Meta-, Communication-, and Process Data.
  • Log Data.

Categories of Affected Persons

  • Users.

Purposes of Processing

  • Security Measures.
  • Provision of our Online Services and User-Friendliness.
  • Information Technology Infrastructure.

Relevant Legal Grounds

Relevant Legal Grounds under the GDPR: Below is an overview of the legal grounds under the GDPR on which we process personal data. Please note that, in addition to the provisions of the GDPR, national data protection regulations in your or our country of residence may apply. If, in specific cases, more specific legal grounds are relevant, we will inform you of these in the privacy policy.

  • Legitimate Interests (Art. 6 para. 1 sentence 1 lit. f) GDPR) – processing is necessary to protect the legitimate interests of the controller or a third party, provided that the interests, fundamental rights, and freedoms of the data subject, requiring the protection of personal data, do not override them.

National Data Protection Regulations in Germany: In addition to the data protection provisions of the GDPR, national data protection regulations in Germany apply. This includes, in particular, the Federal Data Protection Act (BDSG). The BDSG contains specific regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes, and transmission, as well as automated decision-making in individual cases, including profiling. Furthermore, state data protection laws of individual federal states may apply.

Reference to the Application of the GDPR and Swiss Data Protection Act: These privacy notices serve both to inform according to the Swiss Data Protection Act (DSG) and the General Data Protection Regulation (GDPR). Therefore, please note that due to broader spatial application and clarity, the terms of the GDPR are used. In particular, instead of the terms used in the Swiss DSG such as “processing” of “personal data”, “overriding interest”, and “special categories of personal data”, the terms “processing” of “personal data” and “legitimate interest” and “special categories of data” as used in the GDPR are used. However, the legal significance of these terms is determined within the scope of the Swiss DSG according to Swiss law.

Security Measures

We take appropriate technical and organizational measures to ensure a level of protection that is adequate to the risk, considering the state of the art, the implementation costs, the nature, scope, context, and purposes of processing, as well as the different probabilities of occurrence and severity of the risks to the rights and freedoms of natural persons.

Measures include, in particular, ensuring the confidentiality, integrity, and availability of data through the control of physical and electronic access to data, as well as access, input, transmission, availability protection, and separation. Furthermore, we have procedures in place to ensure the exercise of rights of the data subjects, deletion of data, and responses to threats to data. We also consider data protection already when developing or selecting hardware, software, and procedures in accordance with the principles of data protection by design and by default.

Securing online connections through TLS/SSL encryption technology (HTTPS): To protect user data transmitted via our online services from unauthorized access, we use TLS/SSL encryption technology. Secure Sockets Layer (SSL) and Transport Layer Security (TLS) are the cornerstones of secure data transmission on the Internet. These technologies encrypt the information transmitted between the website or app and the user’s browser (or between two servers), protecting data from unauthorized access. TLS, as the more advanced and secure version of SSL, ensures that all data transmissions meet the highest security standards. When a website is secured with an SSL/TLS certificate, this is indicated by HTTPS in the URL. This serves as an indicator to users that their data is securely and encryptedly transmitted.

General Information on Data Storage and Deletion

We delete personal data that we process according to legal regulations as soon as the underlying consents are revoked or there are no further legal grounds for processing. This applies in cases where the original purpose of processing is no longer valid or the data is no longer needed. Exceptions to this rule exist when legal obligations or special interests require a longer retention or archiving of the data.

In particular, data that must be retained for commercial or tax reasons, or whose retention is necessary for legal enforcement or the protection of the rights of other individuals or legal entities, must be archived accordingly.

Our privacy notices contain additional information on the retention and deletion of data, which apply specifically to certain processing processes.

If there are multiple retention or deletion periods for a date, the longest period always applies.

If a period does not explicitly start on a specific date and is at least one year, it automatically starts at the end of the calendar year in which the event triggering the period occurred. In the case of ongoing contractual relationships, where data is stored, the triggering event for the period is the date when the termination or other conclusion of the legal relationship takes effect.

Data that is no longer used for the original purpose but is retained due to legal requirements or other reasons, will be processed exclusively for the reasons justifying its retention.

Additional Notes on Processing Processes, Procedures, and Services:

  • Retention and Deletion of Data: The following general periods apply for the retention and archiving according to German law:
    • 10 years – Retention period for books and records, annual financial statements, inventories, management reports, opening balance sheets, and the necessary work instructions and other organizational documents, booking receipts, and invoices (§ 147 Abs. 3 in conjunction with Abs. 1 No. 1, 4, and 4a AO, § 14b Abs. 1 UStG, § 257 Abs. 1 No. 1 and 4, Abs. 4 HGB).
    • 6 years – Other business documents: received commercial or business letters, copies of sent commercial or business letters, other documents that are important for taxation, e.g., hourly wage slips, operational accounting sheets, calculation documents, price tags, as well as payroll documents if not already booking receipts, and cash slips (§ 147 Abs. 3 in conjunction with Abs. 1 No. 2, 3, 5 AO, § 257 Abs. 1 No. 2 and 3, Abs. 4 HGB).
    • 3 years – Data required to consider potential warranty and compensation claims or similar contractual claims and rights, as well as to handle related inquiries, based on previous business experiences and common industry practices, are stored for the duration of the regular statutory limitation period of three years (§§ 195, 199 BGB).

Rights of the Affected Persons

Rights of the affected persons under the GDPR: As an affected person, you have various rights under the GDPR, especially as outlined in Articles 15 to 21 GDPR:

  • Right to Object: You have the right to object at any time to the processing of your personal data based on Article 6(1)(e) or (f) GDPR, for reasons related to your specific situation; this also applies to profiling based on these provisions. If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing purposes, including profiling to the extent that it is related to such direct marketing.
  • Right of Withdrawal for Consents: You have the right to withdraw any consents you have given at any time.
  • Right to Access: You have the right to request confirmation as to whether data concerning you is being processed, and to request access to this data as well as further information and a copy of the data in accordance with legal requirements.
  • Right to Rectification: You have the right, in accordance with legal requirements, to request the completion of your data or the rectification of incorrect data concerning you.
  • Right to Deletion and Restriction of Processing: You have the right to request the immediate deletion of data concerning you, or alternatively, to request a restriction on the processing of your data in accordance with legal requirements.
  • Right to Data Portability: You have the right to receive the personal data concerning you that you have provided to us, in a structured, commonly used, and machine-readable format, or to request its transfer to another controller, in accordance with legal requirements.
  • Right to Complaint to Supervisory Authority: You have the right to file a complaint with a supervisory authority, especially in the member state of your usual residence, place of work, or the place of the alleged infringement, if you believe that the processing of your personal data infringes the provisions of the GDPR, without prejudice to any other administrative or judicial remedy.

Provision of Online Services and Web Hosting

We process user data to provide our online services. For this purpose, we process the user’s IP address, which is necessary to transmit the content and features of our online services to the user’s browser or device.

  • Processed Data Types: Usage data (e.g., page views and time spent, click paths, usage intensity and frequency, device types and operating systems used, interactions with content and features); Meta, communication, and procedural data (e.g., IP addresses, timestamps, identification numbers, involved persons); Log data (e.g., log files related to logins or data retrieval or access times); Content data (e.g., textual or visual messages and posts, as well as related information such as authorship or creation time).
  • Data Subjects: Users (e.g., website visitors, users of online services).
  • Purposes of Processing: Provision of our online offer and user-friendliness; Information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.)); Security measures.
  • Storage and Deletion: Deletion in accordance with the information in the “General Information on Data Storage and Deletion” section.
  • Legal Bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).

Further Notes on Processing Processes, Procedures, and Services:

  • Provision of Online Services on Rented Storage Space: To provide our online services, we use storage space, computing capacity, and software that we rent or otherwise obtain from a server provider (also called “web hoster”); Legal Bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).
  • Collection of Access Data and Logfiles: Access to our online services is logged in the form of “server log files.” Server log files may include the address and name of the retrieved web pages and files, date and time of retrieval, data volumes transmitted, successful retrieval message, browser type and version, the user’s operating system, referrer URL (previously visited page), and typically IP addresses and the requesting provider. Server log files can be used for security purposes, such as avoiding server overload (especially in the case of malicious attacks, such as DDoS attacks), and to ensure server load and stability; Legal Bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR). Deletion of Data: Logfile information is stored for a maximum of 30 days and then deleted or anonymized. Data that must be retained for evidence purposes is exempt from deletion until the respective incident is finally clarified.
  • Email Sending and Hosting: The web hosting services we use also include the sending, receiving, and storing of emails. For these purposes, the addresses of recipients and senders, as well as other information related to email sending (e.g., involved providers) and the content of the respective emails, are processed. The aforementioned data can also be processed for spam detection purposes. Please note that emails are generally not encrypted when sent over the internet. While emails are usually encrypted during transport, they are not encrypted on the servers from which they are sent and received (unless end-to-end encryption is used). Therefore, we cannot take responsibility for the transmission of emails between the sender and the recipient on our server; Legal Bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).
  • ALL-INKL: Services in the field of providing IT infrastructure and related services (e.g., storage space and/or computing capacity); Service Provider: ALL-INKL.COM – Neue Medien Münnich, Owner: René Münnich, Hauptstraße 68, 02742 Friedersdorf, Germany; Legal Bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://all-inkl.com/; Privacy Policy: https://all-inkl.com/datenschutzinformationen/. Data Processing Agreement: Provided by the service provider.

Definitions

This section provides an overview of the terms used in this privacy policy. Where the terms are legally defined, their legal definitions apply. The following explanations are intended primarily to aid understanding.

  • Content Data: Content data includes information generated during the creation, editing, and publication of all types of content. This category of data can include texts, images, videos, audio files, and other multimedia content published on various platforms and media. Content data is not limited to the actual content but also includes metadata that provides information about the content itself, such as tags, descriptions, author information, and publication dates.
  • Meta, Communication, and Procedural Data: Meta, communication, and procedural data are categories that contain information about how data is processed, transmitted, and managed. Metadata, also known as data about data, includes information describing the context, origin, and structure of other data. This can include file size, creation date, document author, and change histories. Communication data records the exchange of information between users via various channels, such as email traffic, call logs, social media messages, and chat histories, including participants, timestamps, and transmission paths. Procedural data describes processes and workflows within systems or organizations, including workflow documentation, transaction logs, activity logs, and audit logs used for tracking and verifying operations.
  • Usage Data: Usage data refers to information that captures how users interact with digital products, services, or platforms. This data includes a wide range of information showing how users use applications, which features they prefer, how long they stay on specific pages, and the paths they take through an application. Usage data can also include frequency of use, timestamps of activities, IP addresses, device information, and location data. It is particularly valuable for analyzing user behavior, optimizing user experiences, personalizing content, and improving products or services. Additionally, usage data plays a crucial role in identifying trends, preferences, and potential issues within digital offerings.
  • Personal Data: “Personal data” refers to any information relating to an identified or identifiable natural person (hereafter “data subject”); an identifiable natural person is one who can be directly or indirectly identified, in particular by reference to an identifier such as a name, identification number, location data, an online identifier (e.g., cookie), or one or more specific characteristics that express the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
  • Log Data: Log data refers to information about events or activities that have been logged in a system or network. This data typically includes information such as timestamps, IP addresses, user actions, error messages, and other details about the usage or operation of a system. Log data is often used for system problem analysis, security monitoring, or performance reporting.
  • Controller: The “controller” refers to the natural or legal person, authority, institution, or other entity that alone or jointly with others determines the purposes and means of processing personal data.
  • Processing: “Processing” is any operation or set of operations performed on personal data, whether or not by automated means. The term is broad and covers practically any handling of data, including collecting, evaluating, storing, transmitting, or deleting.