Introduction
Tenka Power GmbH, Bahnhofstraße 36, 4882 Ebensee, Austria, is a company in the photovoltaic sector and responsible within the meaning of the General Data Protection Regulation (GDPR) (hereinafter "Tenka").
Tenka applies this privacy policy to the processing of personal data of third parties of any kind.
This privacy policy applies to all personal data processed by Tenka in the course of operating this website and by contacting Tenka, and to all personal data processed by processors commissioned by Tenka.
Tenka hereby explains which personal data is processed in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 and the applicable national laws, how and for what purpose it is used and what rights the data subjects are entitled to. When processing all data, the legal regulations on data protection and data security of the European Union and the Republic of Austria are observed.
Our current privacy policy can be viewed, downloaded and/or printed at any time at tenkapower.com/datenschutz and is part of our terms of use and webshop conditions as well as the general terms and conditions, which are also available for inspection/download at tenkapower.com.
Legal basis, purpose of data processing and data subjects
Tenka will only process personal data in a lawful manner within the meaning of Article 6 GDPR if one of the legal bases for processing listed in Article 6(1) GDPR applies. Personal data is therefore processed by Tenka if this is necessary to fulfill a contract and/or
to fulfill a legal or statutory obligation and/or
to protect the legitimate interests of Tenka or a third party and/or
the data subject has consented to the processing.
Personal data is processed primarily in the context of a business relationship with the data subject or with a company represented by the data subject. This occurs in particular in the area of contractual and, upon request, also pre-contractual relationships (Article 6(1)(b) GDPR). Specifically, the names of the data subject, their contact details (email address, telephone number, address), account data, information on creditworthiness if applicable, social security data if required, information of the data subject in connection with the fulfillment of the contractual relationship in the form of system data, service data, documentation, documents and correspondence between Tenka, the contractual partner, any contractors and the data subject, delivery, sales and billing data are processed.
In addition, personal data is processed if this is necessary to fulfill a legal and/or statutory obligation to which Tenka is subject (e.g. retention and documentation obligations under the Austrian Commercial Code (UGB), the Austrian Federal Fiscal Code (BAO), reporting obligations as an employer to the social security authorities; Art. 6 para. 1 lit. c GDPR) or for the performance of a task carried out in the public interest (Art. 6 para. 1 lit. e GDPR). In particular, business-related correspondence and all documents relevant under tax law relating to the contractual relationship with the data subject or the company represented by the data subject are processed.
The data is processed on the basis of the consent of the data subject pursuant to Article 6(1)(a) GDPR to process/store the data for the purpose of processing an inquiry, for the performance of a contract concluded with the data subject (Article 6(1)(b) GDPR), on the basis of a legitimate interest (Article 6(1)(f) GDPR) of Tenka and/or in order to be able to process customer inquiries professionally, or on several of these legal bases.
The data subject can revoke consent to the processing of personal data at any time (Art. 6 para. 1 lit. a GDPR).
In addition, processing is also carried out for the necessary, proportionate protection of legitimate interests of Tenka (Art. 6 para. 1 lit. f GDPR), in particular to safeguard operational interests such as the internal administration and optimization of business processes, the assertion, exercise or defense of legal claims and, if there is no reason to assume that the data subject has an overriding interest worthy of protection in not disclosing their data, to prevent physical damage or financial loss, to carry out direct advertising (marketing and information measures, in particular about products and services offered by the controller), for IT security and technical administration and for the purposes of file, customer and supplier management. All data processed in the context of the relationship between Tenka and the data subject is processed here if this is necessary to achieve the purposes. The legitimate interest of Tenka or its group companies and of recipients of data is also to be able to operate a group-wide customer and supplier management system for the purpose of optimizing and simplifying administration.
Insofar as data is not collected directly from the data subject in accordance with Article 14 GDPR, the following personal data is also collected either from publicly accessible databases (e.g. land register, company register, central register of associations, edict file, central register of residents, creditworthiness databases), information on the data subject from search engines, social networks or various websites, from Tenka Group companies or cooperation partners or from any funding agencies.
Tenka ensures the security of the personal data of the data subjects and has taken a number of technical and organizational measures in accordance with Article 32 GDPR, in particular encryption of the services using state-of-the-art encryption methods (e.g. SSL), user authentication controls, secure network infrastructures, restriction of access to personal data, network monitoring solutions, area-restricted alarm systems and video surveillance, employee behavioral instructions, commitment to data secrecy.
Tenka does not process personal data for the purposes of automated decision-making or profiling.
Data subjects are those persons who contact Tenka by any means whatsoever. When the data subject makes contact, personal data is processed. The personal data processed in this context is processed for the purpose of handling the respective request and stored for as long as this is necessary for processing and/or required by law.
The personal data lawfully collected by Tenka may also be used by Tenka for purposes other than the original purposes, provided that there is a substantive link or connection between the original and new purposes and the original data collection (customer loyalty, marketing for own products). Tenka must provide an appropriate guarantee against misuse (e.g. pseudonymization or encryption of the data).
3 Special data protection information for participation in Tenka events, training courses and seminars in connection with the processing of participants' personal data
When a registration is made for a Tenka event, various personal data is collected and, if necessary, the names and company affiliation (e.g. in a list of participants) are disclosed to the other participants. Apart from the data categories already mentioned above, additional data may also be collected and processed, such as in particular account data (in the case of chargeable events), time data or attendance times during the event. As part of the organization and handling of internal and external events, Tenka collects and processes the following categories of personal data:
The personal data of participants disclosed in the course of registration for an event, such as in particular name, professional and private contact information, employer;
Information that can be collected from publicly available sources, such as publicly accessible websites;
Photo, sound and video recordings: As part of events, photos, audio and video recordings are regularly made to document the event, which may be published in reports on the event in internal and external media and publications;
Other personal data provided in the context of participation in events or arising from the participation of the data subject (e.g. time data on event attendance), including any automatically created and archived text documents (e.g. correspondence).
The legal basis for data processing is Article 6(1)(a) GDPR (consent) or Article 6(1)(f) GDPR (legitimate interests of the controller: organization and handling of internal and external events and reporting).
The processing of personal data is necessary to achieve the stated purposes. If the aforementioned personal data is not provided or not provided to the extent required, participation may not be possible.
The person depicted gives his/her express consent to image, sound and video recordings of his/her person. He/she acknowledges that this consent is given free of charge. Furthermore, the person depicted gives his/her consent for any image, sound and video recordings to be used and published by Tenka Power GmbH for the purpose of documenting the event, reporting and advertising.
Recipients of personal data
Only Tenka and its group companies process personal data. These are treated as strictly confidential and are not passed on to categories of recipients other than those named in this privacy policy without the express consent of the data subject. Personal data will only be transmitted and disclosed to third parties if they promise the same level of data protection that Tenka itself applies. When jointly determining the purpose and means of processing, Tenka has concluded agreements in accordance with Art. 26 GDPR.
Tenka is permitted to disclose data to third parties if there is a contractual or legal obligation to do so. For example, this is permitted for the proper processing of contractual relationships and in the case of official disclosure obligations in connection with the prevention, investigation, detection or prosecution of criminal offenses or the execution of sentences, including protection against and defense against threats to public safety.
There are the following categories of recipients within the meaning of Art. 13 para. 1 lit. e GDPR:
Group companies of Tenka,
Processors, provided that they need the data to fulfill their respective services,
Authorities, public bodies and institutions if there is a legal obligation,
Operators and participants of information systems relevant to creditworthiness for the purpose of protecting creditors and minimizing risk,
Third-party providers and cooperation partners (e.g. customers, suppliers, payment service providers),
Credit and financial institutions or similar institutions,
Legal and tax consultants as well as experts for the examination, assertion, exercise or defense of legal claims,
Courts for the assertion, exercise or defense of legal claims.
Personal data may be transferred to countries outside the EEA for the implementation of pre-contractual measures and/or in fulfillment of a contract with the data subject or the company represented by the data subject, in particular by Tenka group companies or due to the use of cloud solutions for communication and collaboration, for video conferencing, for maintaining information and data security and for customer care. Where applicable, personal data may also be processed when used for advertising purposes on social media channels (e.g. Facebook, Instagram) or websites outside the EEA. Such a transfer takes place primarily on the basis of binding internal data protection regulations in accordance with Art. 47 in conjunction with Art. 46 para. 2 lit. b GDPR, adequacy decisions of the European Commission pursuant to Art. 45 GDPR.
Standard data protection clauses pursuant to Art. 46 para. 2 lit. c and d GDPR. In exceptional cases, data may also be transferred on the basis of Art. 49 GDPR, on the one hand because the data subject has expressly consented to the proposed data transfer after having been informed of the possible risks of such data transfers for him/her without the existence of an adequacy decision and without appropriate safeguards, the transfer is necessary for the performance of a contract between the data subject and Tenka or for the implementation of pre-contractual measures at the request of the data subject, on the other hand the transfer is necessary for the conclusion or performance of a contract concluded by Tenka with another natural or legal person in the interest of the data subject.
Storage period and deletion
Tenka stores personal data for as long as the purpose of the processing exists, i.e. primarily for the performance of a contract with the data subject or for compliance with a legal/statutory obligation or for the establishment, exercise or defense of legal claims or if Tenka has an overriding legitimate interest in the processing.
In particular, Tenka must comply with the following statutory retention obligations or limitation periods:
Accounting, tax and customs law;
Obligation to retain data under tax law in accordance with § 132 para. 1 BAO: 7 years, beyond this period as long as the data is relevant for the tax authority in pending proceedings;
Retention obligation under company law according to §§ 190, 212 UGB: 7 years;
Obligation to keep records under VAT law in accordance with Section 11 (2) 3rd subparagraph UStG: 7 years;
Records pursuant to Section 23 (2) of the Customs Law Implementation Act: 5 years.
Contracting:
Warranty according to § 933 ABGB: 2 years from handover (movable items), 3 years (immovable items);
Purchase price claim for movable property pursuant to § 1062 in conjunction with § 1486 ABGB. § 1486 ABGB: 3 years;
Purchase price claim for immovable property (e contrario § 1486 ABGB): 30 years;
Claims arising from a contract for work and services in accordance with Section 1486 ABGB (if the service was provided as part of a commercial or other business operation): 3 years;
General damages according to § 1489 ABGB (compensation claims): 3 years (if damage and injuring party are known) / otherwise absolute limitation period 30 years (e.g. in the case of accidents at work within the meaning of Section 1325 ABGB);
Liability claims according to § 13 PHG: 10 years.
Tenka deletes the data of applicants who are not hired after seven months following the application process, unless consent has been given for the data to be kept on record. If an employment relationship is established, Tenka will store the applicant data until its termination or, if the above-mentioned purposes apply, beyond that date. In the case of consent, in particular when sending electronic messages, the data will be stored until revocation by the person concerned, which is possible at any time, whereby the revocation does not affect the processing carried out until the revocation is received.
Rights of data subjectsThedata subject has the right at any time to:
information about their personal data processed by Tenka;
Correction of this personal data if it is incorrect or incomplete;
Restriction of the processing of this personal data if the relevant conditions are met, in particular if there is a serious suspicion of unlawful processing or in the event of an objection;
Transfer of personal data in a common, structured and machine-readable format;
Deletion of personal data if there are legal grounds for doing so;
object to the processing of personal data, unless Tenka can demonstrate compelling legitimate grounds for the processing;
Revocation in the case of the data subject's consent to the processing of personal data;
Complaint to Tenka if he/she is of the opinion that unauthorized processing of personal data by Tenka is taking place. Furthermore, you have the right to lodge a complaint with the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna.
Please contact us in this respect or send us your request by post, e-mail or fax to the contact address given below. Your request or your data will be processed without affecting the lawfulness of the processing carried out prior to receipt of your request. The processing of your request or your data must be reasonable for Tenka.
System data, device data and connection data
Tenka's websites and apps can be visited at any time, depending on availability, without having to provide direct personal data. The following data is stored by Tenka without direct personal reference (connection data):
Browser type and version
Device
Time and date of the server request
Host name of the accessing computer (IP address)
Referrer URL (the specific website you visited)
Operating system
Tenka or third parties evaluate this data from non-registered users with regard to the proper functioning of the website, the provision of its content, the detection and tracking of misuse and the improvement of the offer (e.g. by means of scientific research, data analysis, etc.) in anonymized form and use it in anonymized form.
The data listed in section 7.1 are also processed by registered users, whereby they are also used exclusively in anonymized form in accordance with section 7.2. Any third parties commissioned cannot draw any conclusions about the data subject from this data.
Due to the use of Tenka websites and Tenka apps and services by registered or activated users, Tenka also collects non-personal or anonymized system/device data. This data is stored in such a way that it cannot be traced back to a specific person. Tenka may collect, use, pass on and disclose non-personal system/device data for any purpose, e.g. to determine the duration and intensity of solar radiation in a specific region, Tenka uses aggregated data from all systems in this region. The region is defined so broadly that it cannot be traced back to a person or their installation. Tenka may also pass on such non-personal or anonymized data to third parties.
Data transfer to third countries
The transfer of personal data to countries outside the EU (third countries) only takes place on the basis of consent, legal requirements/obligations or contractual necessities, but in any case only insofar as this is permitted. The processing of personal data in third countries may result in personal data being processed and/or stored in unexpected ways.
It is expressly pointed out that, in the opinion of the European Court of Justice, there is currently no adequate level of protection for data transfers to the USA. Data processing by US services may result in personal data not being processed and stored anonymously. There is also the possibility that US government authorities may gain access to individual personal data. It is also possible that personal data collected may be linked to data from other services of the same provider if you have a corresponding user account. Where possible, Tenka uses server locations within the EU.
Tenka can only establish a direct link to your person or to the respective user after registration. Registration requires the consent of the data subject to the disclosure of personal data. In this context, Tenka's websites and apps collect in particular the personal data listed below (see section 8.4).
Directly personal data
Tenka can only establish a direct link to your person or to the respective user after registration. Registration requires the consent of the data subject to the disclosure of personal data. In this context, Tenka's websites and apps collect the following personal data in particular:
User data: Title, first name, last name, company, street, house number, postal code, city, state, country, time zone, telephone number, fax number, e-mail address, birthday, customer number, user name, password
System data: System name, system identifier, commissioning date/time, company, street, house number, zip code, town, federal state, country, time zone, longitude, latitude, altitude, system output, manufacturer, module type, system description, system image
Operator/customer data: Title, first name, last name, company, street, house number, postal code, city, state, country, time zone, telephone number, fax number, e-mail address, customer number, VAT identification number
Connection data: Data according to "System data, device data and connection data".
The personal data is collected by Tenka for the provision of the requested services, for the implementation of pre-contractual measures, for the processing of contracts and for the improvement of our services and products.
The user name can be made visible to other members after registration. Furthermore, additional profile or attachment data can be released or published and made visible to other members. Within the respective profile, the extent to which the respective data is published can be adjusted by making the appropriate settings. The user is free to decide which data and to what extent this data is released or published for other users. Details are explained in more detail on the websites for the respective function.
Tenka will request express consent if Tenka uses data for a purpose that requires the customer's consent in accordance with the statutory provisions. The explicit consent will be documented in accordance with the data protection regulations.
Once you have given your consent, you can withdraw it at any time with effect for the future and/or object to the future use of your data for advertising, market and opinion research purposes. A simple message to Tenka is sufficient to withdraw consent or to object. To ensure rapid processing, please use the contact details below. There are no additional costs for contacting us.
Use of cookies
Software is used to analyze the use of the website. By evaluating this data, valuable insights can be gained into the needs of users. These findings help to improve the quality of our services.
So-called cookies are used in this context. These are text files that are stored on the website visitor's computer and thus enable the recognition of a visitor on an anonymous basis. In general, cookies can be rejected or deleted using the appropriate browser settings. We use cookies that:
are absolutely necessary for the use of the website;
limit the number of requests;
identify the repeated visits of an individual user;
identify a sequence of HTTP requests from a single user;
contain the encrypted IP address and the port of the target server;
register a unique ID that is used to generate statistical data on how the user uses the website;
enable the user to download documents;
to better understand the needs of our users and to optimize our offer.
Data protection and opt-out options for Google Analytics
The Tenka websites use Google Analytics, a web analytics service provided by Google Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for us as the website operator and providing other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
The storage of cookies can be prevented by setting the browser software accordingly; however, please note that in this case you may not be able to use all functions of this website to their full extent. In addition, you can prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the following browser plug-in: http://tools.google.com/dlpage/gaoptout?hl=de
You can find more information on terms of use and data protection at http://www.google.com/analytics/terms/de.html and at http://www.google.com/intl/de/analytics/privacyoverview.html.
The Google tracking codes on this website use the _anonymizeIp() function, which means that IP addresses are only processed in abbreviated form so that direct personal references can be ruled out.
Google Analytics Remarketing
The functions of Google Analytics Remarketing are used in conjunction with the cross-device functions of Google Ads and Google DoubleClick by the Tenka websites. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. This function makes it possible to link the advertising target groups created with Google Analytics Remarketing with the cross-device functions of Google Ads and Google DoubleClick. In this way, interest-based, personalized advertising messages that have been adapted to you depending on your previous usage and surfing behavior on one device (e.g. cell phone) can also be displayed on another of your devices (e.g. tablet or PC).
If you have given your consent, Google will link your web and app browsing history to your Google account for this purpose. In this way, the same personalized advertising messages can be displayed on every device on which you sign in with your Google account.
To support this function, Google Analytics collects Google-authenticated IDs of users, which are temporarily linked to our Google Analytics data in order to define and create target groups for cross-device advertising. You can permanently opt out of cross-device remarketing/targeting by disabling personalized advertising in your Google Account by following this link: https://www.google.com/settings/ads/onweb/
The aggregation of the data collected in your Google Account is based exclusively on your consent, which you can give or withdraw from Google (Art. 6 para. 1 lit. a GDPR). For data collection processes that are not merged in your Google account (e.g. because you do not have a Google account or have objected to the merging), the collection of data is based on Art. 6 para. 1 lit. f GDPR. The legitimate interest arises from the fact that the website operator has an interest in the anonymized analysis of website visitors for advertising purposes. You can find further information and the data protection provisions in Google's privacy policy at: https://www.google.com/policies/technologies/ads/
Newsletter
If you have agreed to receive news in connection with the regular receipt of interesting offers by e-mail, the provisions of this regulation apply. The e-mail address provided will not be passed on to other companies. Consent to the use of the e-mail address for advertising purposes can be revoked at any time with effect for the future by clicking on the "Unsubscribe" link at the end of the newsletter.
If you do not unsubscribe from the newsletter, the data required or provided separately for this purpose will be used to regularly send you the e-mail newsletter in accordance with your consent.
To send and analyze our newsletters, Tenka uses the email marketing software Mailchimp, which records the opening and clicking behavior. More specifically, the following information is tracked: Time of delivery, time of opening, duration of opening, IP address of opening, email program used (mail client), which link was clicked and the time of the click. The storage and processing of this data is used exclusively to send recipients customized and relevant content. This data is not passed on to third parties or merged with other data. The data is stored until the newsletter is canceled.
We are permitted to check your e-mail address for authenticity and correctness on the basis of your other details.
Contact details
All contact details can be viewed and accessed at any time in the current version at tenkapower.com/contact.
Responsible: Tenka Power GmbH, Bahnhofstraße 36, 4882 Ebensee, Austria (e-mail: marketing@tenkapower.com)
Management: David Aitzetmüller
Contact: You can contact us for any kind of request related to data protection or data security at the e-mail address marketing@tenkapower.com.
