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DATA PRIVACY NOTICE

Requests concerning  Art. 15 GDPR

Data Subject Rights from  Art. 16-21 GDPR

 

Version dated: 05.05.2022

Data privacy is a matter of trust, and your trust matters to us. We respect your private and personal domain. The protection, as well as the legally-compliant collection, processing and use of your personal data, is therefore of great importance to us. When processing your personal data, we ensure strict compliance with the statutory rules (GDPR, Austrian Data Protection Act (Datenschutzgesetz, DSG), Austrian Telecommunications Act 2003 (Telekommunikationsgesetz 2003, TKG 2003)). We set out below the key aspects of the way in which we undertake data processing.

 

Data controller


The data controller (responsible for data processing) is: 

KEW Energie & Wärme GmbH 
St. Magdalener Straße 81
9524 Villach
Company no.: 68.303 x, VAT ref.: ATU 36832406
Tel.: 050 280 2800
Email: office@kew.at

 

What data are processed, and where do the data originate? 


KEW Energie & Wärme GmbH (hereinafter referred to as "KEW") processes the following personal data, which we receive from you within the framework of our business relationship, e.g. title, first name, surname, address, date of birth, telephone number, email address, authentication data, plus information collected during the course of the business relationship. In addition, contract data (e.g. standing orders or direct debit instructions), bank details, data arising from fulfilment of our contractual obligation (e.g. consumption, contractual, and invoicing data), data relating to creditworthiness, payment terms, data concerning your installation (e.g. meter point designation, meter number, meter reading, consumption, date of commissioning/decommissioning), advertising and sales data, data from customer loyalty programmes (e.g. PlusClub), advice logs, information, disclosures arising from customer surveys and competitions, information from your electronic interactions with our company (Self Service Portal, apps, cookies) as well as data for the purpose of fulfilling statutory requirements, may also be processed. 

The data provided by you are required for the purpose of contractual fulfilment and to take pre-contractual steps. Without these data, we cannot conclude a contract with you. 

Furthermore, particularly in the case of business customers, KEW processes data from publicly-accessible sources, such as commercial registers, business reports, association registers, the land register, VAT reference numbers, sector affiliation, publicly-available commercial data, as well as data from address publishers, direct marketing companies and credit agencies, which data we have received on a legitimate basis.

 

For what purposes and on what legal basis are data processed? 


KEW processes your personal data in accordance with data protection rules: 
 

  1. In order to fulfil contractual duties (Art. 6(1)(b) GDPR) 
    KEW, or processors instructed by us, process your personal data for the purpose of contractual fulfilment. This comprises charging for the services you receive, forwarding of invoices and, where relevant, reminders, as well as communication for contract processing, determining your consumption, and payment processing. The legal basis for processing and provision of your personal data thus consists of processing for the purpose of contractual fulfilment and execution. 
     
  2. In order to fulfil legal obligations (Art. 6(1)(c) GDPR) 
    Processing of personal data may be necessary for the purpose of fulfilling different legal obligations. Examples of this include preparation of annual financial statements, ongoing obligations under tax law, or audits conducted by the Austrian Court of Audit. 
     
  3. Within the framework of your consent (Art. 6(1)(a) GDPR) 
    If you have given us your consent to processing of your personal data, processing will only take place for the purposes specified in the declaration of consent. Once given, consent may be revoked with future effect at any time, whereby this shall be without prejudice to the lawfulness of processing by KEW based on your consent which took place prior to revocation (e.g. you may revoke consent to processing of your personal data for marketing and advertising purposes if you are no longer in agreement with such processing in future). Revocation of consent shall be without prejudice to the lawfulness of processing based on your consent which took place prior to revocation.
     
  4. For the purposes of legitimate interests (Art. 6 (1)(f) GDPR) 
    If necessary, in the context of weighing up of interests in favour of KEW or a third party, data processing may take place beyond the scope of actual contractual fulfilment for the purposes of legitimate interests of ourselves or third parties, and in particular with regard to:
  • Data exchange with credit agencies in order to establish credit and default risks 
  • Processes related to needs and customer analysis as well as direct approaches to customers
  • Measures for the management and further development of services and products 
  • Event invitations, advertising own services and products, customer evaluation, market analyses and opinion surveys (e.g. customer satisfaction research), stakeholder outreach, in so far as you shall not have objected to use of your data 
  • Legal proceedings in order to defend against and assert legal claims
  • Written, telephone or electronic contact in order to make enquiries concerning service quality and customer satisfaction
  • Video surveillance for the purpose of gathering evidence in the event of criminal offences; this serves in particular the protection of our production plants (critical infrastructure)
  • Processing of campaigns and events of damage or loss
  • Tax and legal advice, such as auditors and experts, external consultants and IT service providers
  • Maintenance of network and information security 
  • Quality assurance of IT systems
  • Administrative purposes 

 

How do we process your data?


Use of your data for advertising purposes and external sales 

We would inform you that, for the duration of your business relationship with us, as well as for a period of three years following the end of your contract, KEW will process your personal data as collected within the framework of the contractual relationship for the purposes of forwarding to you by post individual offers, information on innovations, products and additional services. 

Occasionally, your data will be forwarded to our external sales agent Peak Energy GmbH, Schachterlstraße 16, 9065 Ebenthal, company no. 566023m and processed by the said company for purposes of marketing on behalf of KEW, in particular via electronic contact or contact by post. Data processing takes place based on the terms of Article 6 (1)(f) GDPR (legitimate interests of the controller). You may object to processing of your personal data at any time. Please send your objection by email to: office@kew.at .

With regard to other forms of direct advertising (e.g. competitions, newsletters, etc.), KEW will only process your personal data if you have given us your express consent to do so. You may revoke your consent at any time with future effect without indicating any reasons, whereby this shall be without prejudice to the lawfulness of processing by KEW based on your consent which took place prior to revocation. In order to revoke your consent, please write to: KEW Energie & Wärme GmbH, St. Magdalener Straße 81, 9524 Villach, or contact us via email at: office@kew.at .


Automated decision-making 

KEW uses automated data processing procedures in order to analyse user and consumption behaviour for the purposes of optimum customer service provision. The personal data processed and collected within the framework of the contractual relationship (also via the Self Service Portal and apps) for the purpose of fulfilling your contract, as well as your response data to marketing measures, are used by way of integration with aggregated data and statistical methods for purposes of customer segmentation and analysis.


KEW Self Service Portal

As an existing customer, you have the option of registering for our Self Service Portaland setting up your customer account via password-protected access. The functions available via the Portal including management of personal data and additional services, and the Portal also allows you to view and download your account statements.

The data provided by you are required for the purpose of providing online services. Without these data, we cannot offer you this service. No data will be transferred to third parties.

You must keep your personal access data confidential and not render it accessible to any unauthorised third party. If you close your customer account, your access data will be immediately deleted. If you have terminated your contract with KEW, at the same time, your customer account and access data in the Self Service Portal will also be deleted.


KELAG MyShop

To simplify the purchasing process and for subsequent contract processing, KEW, as a webshop operator, stores subscriber IP data in the context of cookies. In addition, for the purpose of contract processing, we store the following data: title, first name and surname, date of birth, address, telephone number, email address, plus bank details/credit card number of the purchaser. Moreover, we process your personal data in order to generate and maintain your webshop user account, if you register for such an account.

The data provided by you are required for the purpose of contractual fulfilment and to take pre-contractual steps. Without these data, we cannot conclude a contract with you. No data will be transferred to third parties, with the exception of transfer of bank details/credit card details to the processing banking institutions/payment service providers for the purpose of debiting the purchase price, as well as to the transport/shipping company instructed by us for the purpose of delivering the goods.

If the purchasing process is interrupted, the data stored by us will be automatically deleted after a period of 24 hours. Where a contract is concluded, all personal data associated with the contractual relationship shall be stored until expiry of the statutoryretention period for tax purposes (7 years). The data first name and surname, address, items purchased and purchase data will additionally be stored until expiry of the product liability period (10 years).


Newsletter

Our customers have the option of subscribing to our Newsletter via our website. For this purpose, we require your email address and a declaration from you to the effect that you are in agreement with receiving the Newsletter. In connection with sending the Newsletter, we use the so-called double opt-in method, which means that we will only send you a Newsletter via email once you have expressly confirmed to us in advance that we should activate the Newsletter service. We will then send you a notification email and ask you to confirm to us by clicking on a link in the email that you wish to receive our Newsletter. By registering for the Newsletter, you agree that your emailaddress may be used by KEW for the purpose of sending the Newsletter. If you no longer wish to receive any Newsletters from us, you can cancel your subscription at any time via the unsubscribe link in the Newsletter. We will then immediately delete your data linked to Newsletter subscription. This shall be without prejudice to the lawfulness of sending you Newsletters prior to receiving your notice of cancellation.

The data provided by you are required in order to send you the Newsletter. Without the said data, we cannot send you the Newsletter. No data will be transferred to third parties.


Websites

When you visit KEW websites, occasionally information will be collected automatically (i.e. not through registration) which is not attributed to a particular person, such as web browsers and operating systems used, domain name of website from which you accessed the KEW website, number of visits, average time spent on the site, and pages accessed. KEW uses this information in order to establish the attractiveness of its websites and in order to optimise their content on an ongoing basis.

The KEW websites contain links to other websites. KEW is not responsible for the data protection measures or content of such other websites. We recommend that users familiarise themselves with the data privacy notices of the websites in question.


Payment method "Cash payment"

If you select the payment method "Cash payment", for purposes of payment processing, we will pass on your personal data (customer number, email address, telephone number and address (apartment/house number, street name, town/city, postcode/zip code, country) only to the payment services provider Cash Payment Solutions GmbH, Wallstr. 14a, 10179 Berlin, in order that Cash Payment Solutions GmbH can provide you with an individually-generated numeric code/barcode (so-called "payment form") for the transaction in question. This payment form will enable you to pay the relevant transaction costs in cash at Cash Payment Solutions GmbH's business partners. Such business partners will then forward payment confirmation in real time. The business partners will neither store your data nor process your data in any manner which could affect your data privacy rights. Cash Payment Solutions GmbH uses your personal data exclusively for the purpose of implementing the payment method "Cash payment". 


KELAG Connect fibreoptic connection

Your personal data as stated on your order form (such as name, address, contact details, bank details, etc.) will be processed by us in order to set up and operate the fibreoptic infrastructure for the purpose of fulfilling your order, and for the same purpose, will be passed on to contract data processors as well as to contract and businesspartners involved in contractual fulfilment (such as construction firms, internet service providers, etc.).

The personal data provided by you when expressing your interest (such as name, address, etc.) will be used by us to collate expressions of interest, in order to implement expansion in your region as soon as a predefined take-up rate has been reached. These data are stored for three years following collection, or one year following abandonment of the fibreoptic project in your region.

 

Oracle Service 

KEW customer service uses the Oracle Service in order to respond to customer enquiries via email.When you communicate with the following email addresses, your data will be forwarded to the Oracle data processing centres in Munich and Frankfurt and be processed there. 

  • kundenservice@kew.at

The purpose of processing is to respond to customer enquiries via an email management system, so as to structure the processing of such enquiries more efficiently. The data recipient consists of the KEW companies. The data are stored at the Oracle data processing centres in Munich and Frankfurt. Data are not forwarded to third countries outside the EU. Your data will be stored for the duration of the contractual relationship.

 

Cookies


What are cookies?

Cookies are small text files which are stored on your end device with the help of your browser, that store particular settings and data which are shared with our system via your browser. There are basically two types of cookie: so-called session cookies, which are deleted as soon as you close your browser, and temporary cookies, which are stored on your device for a longer period, or indefinitely. Cookies enable us to adapt a website to your interests, to present offers in a user-friendly manner, or to store your password so that you do not have to enter it every time you visit a site. Thus, when you visit our KEW websites, we place information in the form of cookies in your computer, which will automatically identify you on your next visit to the site. The cookies used by KEW do not store any personal data. The cookies we use can therefore not be attributed to a particular person and can thus not be traced to you. When a cookie is activated, it is allocated an identification number. This identification number can never and will never be linked to your personal data. Your name, your IP address or similar data which would enable attribution of cookies to you, are never recorded.

We use cookies for the purpose of implementing message transfers and providing the services requested by you. The data processing activities resulting from the use of cookies are based on our legitimate interests in providing a fully-functional website and the services requested by you (Art. 6(1)(f) GDPR, Section 96(3) of the Austrian Telecommunications Act). 

 

Necessary cookies

Necessary cookies help to make a website useable by enabling basic functions such as page navigation and access to secure areas of the website. The website is not able to function properly without such cookies.

 

Preference cookies

Preference cookies enable a website to recall information which influences the behaviour or appearance of a website, including factors such as your preferred language, or your particular region.

 

Statistical cookies 

Statistical cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

 

Marketing cookies

Marketing cookies are used in order to track visitors to websites. The aim is to show ads that are relevant and appealing to the individual user and which are therefore more valuable to the publisher and third party advertisers.


Use of Facebook remarketing

Remarketing tags of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated into KEW's websites. When you visit our sites, a direct link is established between your browser and the Facebook service via the remarketing tags. As a result, Facebook is informed that you have visited our site using your IP address. This enables Facebook to attribute your visit to our site to your user account. We can use the information thereby obtained in order to display Facebook ads. We would point out that, as provider of the sites, we are given no knowledge of the content of data transmitted or of use of such data by Facebook. The data collected via the remarketing tags are "hashed" (anonymised) and, unless you give your separate consent, will not be used to identify you personally as a visitor to our website, nor will such data be combined with personal data via the anonymised user profile. Further information in this regard can be found in Facebook's privacy policy at https://www.facebook.com/about/privacy/. If you wish to reject data collection via Custom Audience, you can deactivate Custom Audiences at any time here: https://www.facebook.com/ads/website_custom_audiences/.

 

Matomo
If you have given your consent by accepting marketing cookies or all cookies, Matomo will be used on our website for analytical purposes. Matomo is web analysis software provided by InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand. Cookie technology enables analysis of use of our websites. In the context of use of Matomo, cookies are generated and stored on the user's end device for a maximum period of 13 months. The information on use of our website collected using the cookies is only stored on servers in Austria based on our legitimate interests in the statistical analysis of user behaviour, for optimisation and marketing purposes, in accordance with Art. 6(1)(f) GDPR. Since we attach particular importance to the protection of your data, the data will not be shared with third parties, and we have in addition configured Matomo such that your IP address is only recorded in abbreviated form. We therefore process your personal usage data in anonymised form, and it is therefore not possible to trace such data back to you personally. Further information on Matomo's terms of use and data privacy policies can be found at: https://matomo.org/privacy/.

 

HubSpot subscription service

HubSpot subscription service
We use the subscription service of HubSpot Inc. for purposes of marketing and for generating leads. With the help of this subscription service, website visitors can find out more about our company, download content and input their contact details or other demographic information. This information is stored and administered on HubSpot's servers in the USA. Based on this information, visitors can be contacted and interact with us in relation to their interest in our goods or services. Information on how HubSpot handles your personal data may be found at the following link:  https://legal.hubspot.com/de/privacy-policy. The data stored by HubSpot may include the following: your IP address, browser type, domain name, internet service provider (ISP), the files viewed on our website (e.g. HTML pages, graphics, etc.), the operating system, clickstream data, access times and addresses of websites from which you accessed our website. If we hold your personal data (name, address, date of birth, PlusClub membership, consumption and product information, etc.) because you have notified such data to us, these data will be linked with log data (device and activity data).

 

Hotjar

Subject to your consent, our website uses web analysis services of Hotjar Ltd., Level 2, St. Julians Business Centre, 3 Elia Zammit Street, St. Julians STJ 1000, Malta ("Hotjar"). 

Hotjar enables the tracking of activities on this website in the form of so-called "heatmaps". By using Hotjar's heatmap service, KEW can for instance see how far users scroll, how they navigate the website, which links they click on, and how often they do so.

Session recordings as offered by Hotjar are also used on this website. Through this service, particular data are recorded to determine how users navigate during a browsing session. This includes, for instance, HTML changes arising during use of the website, mouse movements, mouse clicks, scrolling movements or changes in browser window size. With some selected input fields, keyboard entries may also be recorded.

In addition, this website uses the form service "Forms by Hotjar". This service records how users interact with input fields on the website, e.g. whether they complete fields and submit information, the average interaction time with a field, plus whether fields are left blank or the form is abandoned at a particular field.

Through the use of Hotjar's above services, KEW gains valuable information about the interaction and navigation behaviour of website users and as a result is able to make the website faster and more user-friendly. In addition to information on user interaction and navigation (i.e. links clicked, mouse movements, etc., as set out above), device monitor size, device type, operating system and browser information, plus preferred language for the site, as well as device IP address, are also recorded. The latter is recorded and stored exclusively in anonymised form. Hotjar does not record any content or information entered in fields or communicated via this website. 

Hotjar generates its own tracking code in order to track use of the website by the user using a Hotjar cookie. Further information on Hotjar and the services offered is available at: https://www.hotjar.com. Hotjar's privacy policy can be found at: https://www.hotjar.com/privacy.

The legal basis underlying activation of Hotjar cookies is your consent under the terms of Art. 6(1)(a) GDPR. We use Hotjar cookies only if you give your express permission. If you have allowed the use of Hotjar cookies, you can also deactivate their use at any time by updating your cookie settings.

The legal basis underlying subsequent processing of the data collected via Hotjar, such as use, analysis and storage of such data, is Art. 6(1)(f) GDPR. KEW's legitimate interest consists in the improvement and optimisation of the website for the benefit of visitors to the site.
 

Who receives your data? 


Your data are received by those employees at KEW who require such data in order to fulfil contractual and statutory duties as well as to serve legitimate interests. In addition, we forward your data to contract processors instructed by us (in particular IT, telecommunications, printing and scanning service providers, as well as official bodies, etc.) plus group affiliates (KELAG-Group) in so far as the data are required for the purpose of rendering the contractual service in question. Within the framework of contract processing agreements, KEW places its contract processors under a duty to treat as confidential the personal data transferred and only to process such data for the respective agreed purpose and for a specified period. Since the different recipients and contract processors change on a regular basis, it is not possible for them to be specifically named.

 

For how long are your data stored? 


KEW processes your data, in so far as required, for the period of the entire business relationship and for the duration of the statutory retention and documentation periods thereafter, in particular as set out in the Austrian Federal Fiscal Code (Bundesabgabenordnung, BAO). Under Section 132 of the Austrian Federal Fiscal Code, tax claims become statute-barred after 7 years, at the end of the year in whichthe claim arose. Accounts, records and receipts relevant for tax purposes must therefore be retained for seven years and will be deleted upon expiry of this period.

 

What data protection rights do you have?


You have at all times the right to access, rectification, erasure or restriction of your processed data, as well as a right to data portability and a right to object to processing. We take the protection of your data very seriously. If you wish to assert your rights, you may do so, without the requirement to indicate reasons, by sending a letter to us, including clear personal identification information, at the following address: KEW Energie & Wärme GmbH, St. Magdalener Straße 81, 9524 Villach, or by sending an email to: office@kew.at .

If you believe that processing of your data is in breach of data protection law or that your data protection rights have been infringed in any other manner, please make contact with us in order to resolve your concerns.

If you are of the view that we are making inadmissible use of your data, you have the right to make a complaint to the data protection authority in Austria or the competentdata protection authority, particularly in the Member State of your place of residence or work.

Our Data Protection Officer can be contacted at: KEW - Kelag Energie und Wärme GmbH, Attn.: Data Protection Officer (z.H. Datenschutzbeauftragter), St. Magdalener Straße 81, 9524 Villach, or via email, at: office@kew.at .

We reserve the right to modify this Data Privacy Notice at any time based on legal or technical changes. The respective valid version of this Notice is published on our website www.kew.at under the heading "Data Privacy".