1. Name and contact data of the party responsible for processing as well as the company data protection officer
This data privacy information applies to data processing by:
Hanwha Q CELLS GmbH
OT Thalheim, Germany
Phone: +49 (0)3494 6699-0
Fax: +49 (0)3494 6699-199
The company data protection officer of Hanwha Q CELLS GmbH can be contacted via the above address, for the attention of Data Protection Department at firstname.lastname@example.org.
2. Collection and storage of personal data as well as type and purpose of its use
2.1 When visiting the website
When calling up our website WWW.Q-CELLS.DE, information is automatically sent to the server of our website by the browser used on your end device. This information is saved temporarily in a so-called log file. The following information will be logged without your doing anything and saved until automatic deletion:
- IP address of the querying computer,
- Date and time of access,
- Name and URL of the file called,
- Website from which access occurs (referrer URL),
- Browser used and possibly the operating system of your computer as well as the name of your access provider.
The above data is processed by us for the following purposes:
- Ensuring that the connection to the website is established without problem,
- Ensuring user-friendly use of our website,
- Evaluating system certainty and stability as well as
- For further administrative purposes.
The legal basis for data processing is Art. 6 paragraph 1 sentence 1 lit. f GDPR (General Data Protection Regulation). Our justified interest ensues from the above listed purposes for data collection. On no account shall we use the data collected for the purpose of drawing conclusions about your person.
We also utilise cookies and analysis services when you visit our website. You can find more detailed explanations on this in paragraphs 4 and 5 of this Data Privacy Statement.
2.2 For an order (e.g. as a guest in the online shop or by „Purchase Order“)
If you wish to order products or components (e.g. as a guest via our website or by purchase order), we shall collect the following information:
- Title, first name, surname,
- A valid email address,
- Postal address,
- Payment data, depending on the payment type you have selected (for instance bank account or PayPal account data).
This data is collected,
- to be able to identify you as our contractual partner;
- For checking the data entered in respect to plausibility;
- if necessary, to check the location for the construction of a PV system;
- For processing the payment of your order;
- For processing possible warranty claims as well as enforcing potential claims against you;
The data processing is performed on your request and is necessary according to Art. 6 paragraph 1 sentence 1 lit. b GDPR for the above purposes in order to fulfil the contact and precontractual measures.
In order to ensure smooth and easy processing of your order and clarify any queries promptly, you can also indicate additional data:
- Your phone number and an alternative delivery address
- The indication of this data is voluntary.
The personal data collected by us for the order will be saved until expiry of the statutory warranty obligation and then automati- cally deleted, unless we are committed to a longer storage pursuant to Article 6 paragraph 1 sentence 1 lit. c GDPR on account of retention and documentation duties under tax and commercial law (from HGB (German Commercial Code), StGB (German Criminal Code) or AO (German Fiscal Code)) or you have consented to a longer storage pursuant to Art. 6 paragraph 1 sentence 1 lit. a GDPR.
2.3 When setting up a user account
You have the option of setting up a password-protected user account in which we save your personal data. This serves the purpose of enabling the greatest possible convenience through a more user-friendly, faster and more personalised purchase transaction.
If you wish to set up a password-protected account with us, we shall require the following information from you:
- Title, first name, surname,
- Postal address as well as
- a valid email address.
You must also indicate a password of your own choice for setting up a user account. Together with your email address, this enables access to your user account. You can view and change the data you have saved at any time in your user account. Alter- natively, a login via your Google account is possible at any time. You can find more information about in this Section 8 “Social Logins”.
We shall then only save your personal data in a user account if you have voluntarily given your consent pursuant to Art. 6 para- graph 1 sentence 1 lit. a GDPR.
It is not necessary to create a user account for the use of our site or for orders that you wish to place with us. We provide you with the option of also placing your order as a guest (see under Section 2.2) ). In this case, you have fully re-enter your data at each order.
After deletion of your user account, your data will be deleted automatically for further use, unless we are committed to a longer storage pursuant to Article 6 paragraph 1 sentence 1 lit. c GDPR on account of retention and documentation duties under tax and commercial law (from HGB (German Commercial Code), StGB (German Criminal Code) or AO (German Fiscal Code)) or you have consented to the longer storage pursuant to Art. 6 paragraph 1 sentence 1 lit. a GDPR.
2.4 When subscribing to our newsletter
If you have expressly consented to this pursuant to Art. 6 paragraph 1 sentence 1 lit. a GDPR, we shall use your email address to regularly send you our newsletter. The indication of an email address is sufficient to receive the newsletter.
We might also use your email address for sending you information about similar products from our company if you are an existing customer and have not objected to the use of your email address.
In both cases, it is possible to unsubscribe at any time, e.g. via a link at the end of each newsletter. Alternatively, you can send your wish to unsubscribe by email to email@example.com at any time.
2.5 When using our contact form
If you have any questions, we provide the option of contacting us via a form made available on the website. Here it is necessary to enter a valid email address so that we know who the query originates from and in order to be able to answer it. Other informa- tion can be provided on a voluntary basis.
The data for the purpose of contacting us is processed according to Art. 6 paragraph 1 sentence 1 lit. a GDPR based on your voluntary consent.
The personal data we collect for use of the contact form will be deleted automatically after dealing with the request you have sent.
2.6 On conclusion of an energy supply contract
When concluding an energy supply contract via this website or a sub-domain of Q-CELLS.de, the following data is collected and stored:
- Identification and contact data (e.g. name, address, e-mail address, telephone number, customer number),
- Data to identify the consumption or feed point (e.g. meter number, identification number of the market location (withdra-wal point)),
- Consumption data,
- Details of the delivery period, billing data (e.g. bank details),
- Data on payment behaviour.
The personal data will be processed for the following purposes and on the following legal bases:
2.6.1 Fulfilment (including billing) of the energy supply contract and implementation of pre-con-tractual measures (on request) and on the basis of Art. 6 para. 1 lit. b) DSGVO,
2.6.2 Fulfilment of legal obligations (e.g. from the Measuring Point Operating Act as well as dueto commercial or tax law requirements) on the basis of Art. 6 para. 1 lit. c) DSGVO,
2.6.3 Performing tasks that are in the public interest (e.g. from the Measuring Point Operating Act) on the basis of Art. 6 para. 1 lit. e) DSGVO,
2.6.4 Direct advertising and market research on the basis of Art. 6 para. 1 lit. f) DSGVO. Processing on the basis of Art. 6 para. 1 lit. f) DSGVO may only take place to the extent that this is neces- sary to safeguard our legitimate interests or those of third parties and does not outweigh the interests or fundamental rights and freedoms of the person concerned which require the protection of personal data.
2.6.5 If consent to the processing of personal data for telephone advertising has been given, the personal data shall be processed on the basis of Art. 6 para. 1 lit. a) DSGVO. Consent to tele- phone advertising may be revoked at any time. The revocation of the consent takes place for the future and does not affect the legality of the processing carried out until the revocation.
2.6.6 Assessment of creditworthiness to minimise default risks and communication of indications for determining creditworthiness by a credit agency, e.g. Creditreform or SCHUFA on the basis of Art. 6 Para. 1 lit. b) and f) DSGVO.
Processing on the basis of Art. 6 para. 1 lit. f) DSGVO may only take place to the extent that this is necessary to safeguard the legitimate interests of the data controller or third parties and does not outweigh the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
The personal data will be transmitted to the credit agency mentioned for the purpose of determining creditworthiness and identification, as well as data on non-contractual or fraudulent conduct. The credit agency processes the data received and also uses them for the purpose of creating a profile (scoring) in order to provide third parties with information for assessing the creditworthiness of the customer. The address data, among other things, is included in the calculation of creditworthiness.
2.7 For the direct marketing of electricity
The following data shall be collected when the direct marketing agreement is concluded:
- Identification and contact data (e.g. name, address, e-mail address, telephone number, customer number);
- Data to identify the consumption or feed point (e.g. meter number, identification number of the market location (withdrawal point));
- Billing data (e.g. bank details);
- Data on the PV system concerned (e.g. location, installed capacity, market master data register ID).
2.8 When processing customer complaints via the form on the website or email
- The following data will be collected and stored in the event of a complaint via the website form or by e-mail:
- Identification and contact data (e.g. name, contact person if applicable, company name, address, e-mail address, telephone number, customer number);
- Data to identify the PV modules or the PV system (e.g. module type, serial numbers, system size, location, type of installation);
- Data for the assignment of the customer (e.g. name of the direct seller of the modules or name of the installer) (this information is optional);
- Documents proving the warranty claims (e.g. photos of the faulty modules, warranty documents (letter of warranty acceptance), if applicable purchase contract for the modules);
- These documents will be archived in the respective case of complaint and will not be passed on to third parties under anycircumstances.
- Bank details for possible payments in the context of complaint processing
These documents will be archived in the respective case of complaint and will not be passed on to third parties under any circumstances.
- This data is collected:
- to be able to identify you as our direct or indirect contractual partner;
- to uniquely identify the error type;
- For checking the data entered in respect to plausibility;
- if necessary, to check the location of the PV system;
- For processing possible warranty claims as well as enforcing potential claims against you;
The data processing is performed on your request and is necessary according to Art. 6 paragraph 1 sentence 1 lit. b GDPR for the above purposes in order to fulfil the contact and precontractual measures
3. Communication of data
Your personal data will not be communicated to third parties for purposes other than those listed below.
3.1 For contract processing
Insofar as this is legally permissible and necessary pursuant to Art. 6 paragraph 1 sentence 1 lit. b GDPR for contractual transac- tions, your personal data will be communicated to third parties. This includes in particular the passing on of data:
- Shipping companies, suppliers, forwarding agents, installers and specialist partners for the purpose of delivery and, if necessary, installation of the goods or components ordered by you, as well as installation of end customer-specific PV systems,
- Subcontractors for the execution of energy services such as direct marketing, electricity supply, payment service provi- ders, banks or credit institutions in order to carry out a payment transaction,
- Companies for the execution of customer satisfaction analyses,
- Credit agencies for determining the creditworthiness .
The communicated data may only used for the above purposes by third parties.
3.2 For further purposes
In addition, we shall only communicate your personal data to third parties if:
- you have granted your explicit consent to this pursuant to Art. 6 paragraph 1 sentence 1 lit. a GDPR,
- the communication is necessary pursuant to Art. 6 paragraph 1 sentence 1 lit. f GDPR for enforcing, exercising or de- fending legal claims and there is no reason to assume that you have a predominant, protection-worthy interest in the non-disclosure of your data, as well as
- in case there is a legal obligation for the communication pursuant to Art. 6 paragraph 1 sentence 1 lit. c GDPR..
Information is stored in the cookie, which results in conjunction with the specific end device used. However, this does not mean that we obtain direct knowledge of your identity.
We also use temporary cookies to optimise user-friendliness, which are saved on your end device for a specifically defined period of time. If you visit us again in order to make us of our services, the system will automatically recognise that you were with us before and what entries and/or settings you have made so that you do not have to do these again.
The data processed by cookies is necessary for the above purposes in order to safeguard our justified interests as well as those of third parties pursuant to Art. 6 paragraph. 1 S. 1 lit. f GDPR.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or an indication always appears before a new cookie is created. However, the complete deactivation of cookies can entail you not being able to use all functions of our website.
5. Analysis tools
5.1 Tracking tools
The tracking measures listed below and used by us are realised based on Art. 6 paragraph 1 sentence 1 lit. f GDPR. With the tacking measures used, we aim to ensure a design that is in line with requirements as well as continuous optimisation of our website. We also use tracking measures to record the use of our website statistically and as analysis for the purpose of optimising our offer for you. These interests are to be regarded as justified in accordance with the above regulation.
The relevant data processing purposes and data categories are discernible from the corresponding tracking tools.
5.1.1 Google Analytics
To enable requirements-oriented design and continuous optimisation of our pages, we use Google Analytics, a web analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymised utilisation profiles are created and cookies (see under Section 4) used. The information generated by the cookie concerning your use of this website such as
- Browser type/version,
- operating system used,
- Referrer URL (the page last visited),
- Host name of the accessing computer (IP address),
- Time of the server request,
is transferred to a server of Google in the USA and stored there. The information is used to analyse use of the website in order to compile reports concerning the website activities and in order to provide further services associated with the website use and Internet utilisation for purposes of market research and requirements-oriented design of these Internet sites. If necessary, this information will also be transferred to third parties, insofar as this is stipulated by law or insofar as third parties process this data on behalf of us. On no account will your IP address be combined with other data from Google. The IP addresses are anonymised so that an assignment is not possible (IP masking).
You can prevent the installation of cookies by a corresponding setting in the browser software; however, we point out that it might not be possible to utilise all functions of this website to the full extent in this case.
You can also prevent logging of the data generated by the cookie and referring to your use of the website (including your IP address) as well as processing of this data by Google by downloading and installing a browser add-on.
Alternatively to the browser add-on, particularly in case of browsers on mobile end devices, you can prevent logging by Google Analytics by clicking on this Link. An opt-out cookie is set, which prevents future logging of your data when visiting this website. The opt-out cookie only applies in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
You can find further information on data protection in conjunction with Google Analytics in the Google Analytics help.
5.1.2 Google Adwords Conversion Tracking
In order to log the use of our website statistically and evaluate this for the purpose of optimising our offer for you, we also use Google conversion tracking. Here a cookie (see Section 4) is placed by Google Adwords on your computer insofar as you have accessed our website via a Google advertisement.
These cookies become invalid after 30 days and do not serve for personal identification. If the user visits certain pages of the website belonging to the Adwords customer and the cookie has not yet expired, Google and the customer can recognise that the user has clicked on the advertisement and has been directed to this page.
Each Adwords customer receives another cookie. Cookies cannot therefore by tracked via the websites of Adwords custo- mers. The information obtained via the conversion cookie serves to compile conversion statistics for Adwords customers
who have opted for conversion tracking. The Adwords customers find out the total number of users who have clicked on their advertisement and who have been directed to a page provided with a conversion tracking tag. They do not receive any information that can be used to identify users personally.
If you do not wish to participate in the tracking process, you can also reject the activation of a cookie required for this – for instance via a browser setting, which generally deactivates the automatic setting of cookies. You can also deactivate coo- kies for conversion tracking by setting your browser so that cookies are blocked by the domain “www.googleadservices. com”. You can find Google’s data privacy notice concerning conversion tracking here.
5.1.3 Bing Ads
We utilise Bing Universal Event Tracking (UET) from Microsoft Bing Ads. This involves a service of the Microsoft Corporation (“Microsoft”). This enables us to track the activities of users on our website if they access our website via advertisements of Bing Ads.
If you access our website via a Bing Ads advertisement, a cookie (see Section 4) will be placed on your computer. A Bing UET tag is integrated on our website. This involves a code, via which some non-personal data concerning the use of the website is saved in conjunction with the cookie. This includes the length of time spent visiting the website, which areas of the website were accessed and via which advertisement the users navigated to the website. Information about your identity is not logged.
This information is transferred to servers of Microsoft in the USA and saved there for maximum 180 days as a rule. You can find more detailed information on the analysis services of Bing on the website of n BING.
You can find more detailed information concerning data protection at Microsoft in the DATA PRIVACY POLICIES OF MICROSOFT.
5.2 Targeting tools
The targeting measures listed below and used by us are realised based on Art. 6 paragraph 1 sentence 1 lit. f GDPR. With the targeting measures used, we aim to ensure that only advertising oriented to your actual or presumed interests is shown to you on your end devices. These interests are to be regarded as justified in accordance with the above regulation.
The relevant data processing purposes and data categories are discernible from the corresponding targeting tools. .
5.2.1 Google Adwords Remarketing
However, we point out that it might not be possible to use all functions of this website to the full extent in this case. In using this website, you declare your consent to processing of the data collected about you by Google in the manner described above and for the aforementioned purpose. You can find information on the policies of Google here.
5.2.2 Facebook Retargeting / Remarketing
Remarketing tags of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA (“Facebook”) are integrated on our pages. If you visit our pages, a direct link is established between your browser and the Facebook server. Facebook receives information in this way that you have visited our page with your IP address. As a result, Facebook can assign the visit to our pages to your user account. We can use the information obtained in this way to display Facebook ads.
We point out that we, as a provider of the pages, have no knowledge concerning the content of the transferred data or its use by Facebook.
You can find further information in the Data Privacy statement of Facebook.
5.2.3 Facebook Custom Audiences
We also use Facebook Website Custom Audiences. This involves a marketing service of Facebook. It enables us to show certain groups of pseudonymised visitors to our website, who also use Facebook, individually tailored and interest-relevant advertising on Facebook.
A Facebook Custom Audience pixel is integrated on our website. This involves a Java Script code, via which some non-personal data concerning the use of the website is saved. This includes your IP address, the browser used as well as the origin and destination page. This information is transferred to servers of Facebook in the USA. An automatic synchronisation occurs there concerning whether you have stored a Facebook cookie. The Facebook cookie serves to automatically ascertain whether you belong the relevant target group for us. If you belong to the target group, corresponding advertisements will by displayed by us to you on Facebook. You are not identified personally by us or by Facebook through the data synchronisation in this process.
You can reject use of the Custom Audiences service on the website of Facebook. After logging into you Facebook account you will be taken to the settings for Facebook advertising displays.
You can find more detailed information concerning data protection at Facebook in the Data Privacy Guidelines of Facebook.
6. Social Media Plug-ins
We use social plugins of the social networks Facebook, Twitter and Instagram on our website based on Art. 6 paragraph 1 sentence 1 lit. f GDPR, in order to make our company known better known via these media. The commercial purpose behind this is to be regarded as a justified interested according to the GDPR. Responsibility for operation in compliance with data privacy must be ensured by the relevant provider. These plugins are integrated by us via the so-called double-click method in order to protect visitors to our website as best as possible.
Social media plugins of Facebook are used on our platform in order to make its use more personalised. We use the “LIKE” or “SHARE“ button for this. This involves a service from Facebook.
If you call up a page of our web presence that contains such a plugin, your browser will establish a direct link to the servers of Fa- cebook. The content of the plugin is transferred by Facebook directly to your browser and integrated by the latter in the website. By integrating the plugin, Facebook receives information that you browser has called up the corresponding page of our website, even if you do not have a Facebook account or are not currently logged into Facebook. This information (including your IP address) is transferred by your browser directly to a server of Facebook in the USA and saved there.
If you are logged into Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for instance click on the “LIKE” or “SHARE” button, the corresponding information will also be transferred directly to a server of Facebook and saved there. The information is published on Facebook and shown to your Facebook friends.
Facebook can use this information for the purpose of advertising, market research and requirements-oriented layout of Facebook pages. To this end, usage, interest and relation profiles are created by Facebook, e.g. in order to evaluate your use of our website in respect to the advertisements shown to you in Facebook, inform other Facebook users about your activities on our website and in order to provide further services associated with the use of Facebook.
If you do not wish Facebook to assign the data collected via our web presence to your Facebook account, you must log out of Facebook before visiting our website.
The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and setting options in respect to protection of your private sphere can be found in the DATA PRIVCY NOTICES of Facebook.
Plugins of the short message network of Twitter Inc. (Twitter) are integrated on our Internet pages. You can recognise the Twitter plugins (tweet button) from the Twitter logo on our site. You can find an overview of tweet buttons HERE (https://publish.twitter. com/#).
If you call up a page of our web presence that contains such a plugin, a direct link will be established between your browser and the Twitter server. Twitter receives information in this way that you have visited our page with your IP address. If you click on the Twitter “tweet button” while you are logged into your Twitter account, you can link the content of our pages to your Twitter profile. As a result, Twitter can assign the visit to our pages to your user account. We point out that we, as a provider of the pages, have no knowledge concerning the content of the transferred data or its use by Twitter.
If you do not wish Twitter to assign the visit to our pages, please log out of your Twitter user account.
You can find further information on this in the Data Privacy Statement of TWITTER.
So-called social plugins (“plugins”) of Instagram are used on our website, which are operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”).
The plugins are marked with an Instagram logo, for example in the form of an “Instagram camera”.
If you call up a page of our web presence that contains such a plugin, your browser will establish a direct link to the servers of Instagram. The content of the plugin is transferred by Instagram directly to your browser and integrated in the page. This integration lets Instagram receive information that you browser has called up the corresponding page of our website, even if you do not have an Instagram profile or are not currently logged into Instagram.
This information (including your IP address) is transferred by your browser directly to a server of Instagram in the USA and saved there. If you are logged into Instagram, Instagram can assign your visit to our website directly to your Instagram account. If you interact with the plugins, for instance click on the “Instagram” button, this information will also be transferred directly to a server of Instagram and saved there.
The information is also published on your Instagram account and displayed to your contacts there.
If you do not wish Instagram to assign the data collected via our web presence directly to your Instagram account, you must log out of Instagram before visiting our website.
You can find further information on this in the DATA PRIVACY STATEMENT of Instagram.
7. Rights of data subjects
You have the right:
pursuant to Art. 15 GDPR to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of the recipients to whom your data has been or will be disclosed, the planned storage duration, the existence of a right to correction, deletion, restriction of the processing or objection, the existence of a right of complaint, the origin of your data, insofar as this has not been collected by us, as well as concerning the existence of an automated decision making including profiling and possibly meaningful information on its individual details;
pursuant to Art. 16 GDPR to immediately demand the correction of incorrect personal data or completion of incomplete personal data saved at us;
- pursuant to Art. 17 GDPR to demand the deletion of your personal data we have saved, unless the processing is neces- sary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of the public interest or for enforcing, exercising or defending legal claims;
- pursuant to Art. 18 GDPR to demand restriction of the processing of your personal data, insofar as the correctness of the data is disputed by you, the processing is unlawful, but you decline its deletion and we no longer require the data, but you require this for the enforcement, exercising or defence of legal disputes or you have filed an objection to the processing pursuant to Art. 21 GDPR;
- pursuant to Art. 20 GDPR to receive your personal data that you have made available to us in a structured, current and machine-readable format or request the transfer to another responsible party;
- pursuant to Art. 7 paragraph 3 GDPR to rescind your consent previously granted to us at any time. This means that we may no longer continue the data processing based on this consent in the future and
- to lodge a complaint to a supervisory authority pursuant to Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company head office for this.
8. Right of objection
Insofar as your personal data is processed on the basis of justified interests pursuant to Art. 6 paragraph. 1 sentence 1 lit. f GDPR, you have the right pursuant to Art. 21 GDPR to file an objection to the processing of your personal data, insofar as there are reasons that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection that is implemented by us without indication of a particular situation.
If you wish to exercise your right of revocation or objection, you only need to send an email to firstname.lastname@example.org.
9. Data security
We use the widespread TLS procedure (Transport Layer Security) in conjunction with the highest encryption level that is sup- ported by your browser within an ordering process. This generally involves 256 bit encryption. If your browser does not support 256 bit encryption, we provide recourse to 128 bit v3 technology instead. You can recognise whether an individual page of our Internet site is transferred with encryption from the closed depiction of the key or lock symbol in the lower status bar of your browser.
We also utilise suitable technical and organisational security measures in order to protect your data against accidental or deli- berate manipulation, partial or complete loss, destruction or against unauthorised access by third parties. Our security measures are continually improved corresponding to technological developments.
10. Latest version and changes to this Data Privacy Statement
This Data Privacy Statement is currently up-to-date, version May 2019.
As a result of further development of our website and offers concerning it or on account of changed statutory or official re- gulations, it may be necessary to amend this Data Privacy Statement. You can call up and print out the current Data Privacy Statement at any time on the website a www.q-cells.co.uk/privacy-policy.