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Privacy Policy

In this data protection statement, we, Energie 360 Grad Ltd (hereinafter referred to as Energie 360° or “we”), explain how we collect and otherwise process personal data. This data protection statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements or General Terms and Conditions, conditions of participation or similar documents are applicable to specific circumstances. The term “personal data” in this data protection statement shall mean any information that identifies or could reasonably be used to identify any person.

If you provide us with personal data of other persons (such as family members or work colleagues), please make sure the respective persons are aware of this data protection statement, and only provide us with their data if you are allowed to do so and such personal data is correct.

1. Controller/Data Protection Officer

Unless otherwise specified, the controller of data processing as described in this data protec-tion statement is Energie 360°. If you have any concerns regarding data protection, you can contact us at the following address: Energie 360°, Compliance department, Aargauerstrasse 182, 8048 Zurich, dateninfo@energie360.ch.

2. Collection and processing of personal data

We primarily process personal data that we obtain from our clients and other business partners, as well as other individuals, in the context of our business relationships with them, or that we collect from users when operating our websites, apps and other applications.
Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g. debt registers, land registries, commercial registers, press, Internet), or we may receive such information from other companies in which Energie 360° holds a stake, from authorities or other third parties (such as credit rating agencies or list brokers). Apart from data you provide us with directly, the categories of data we receive about you from third par-ties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g. in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information (if we conduct business activities with you personally), information about you given to us by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g. payments made, previous purchases), information about you found in the media or Internet (insofar as indicated in the specific case, e.g. in connection with job applica-tions, media reviews, marketing/sales, etc.), your address and any interests and other sociodemographic data (for marketing purposes), data in connection with your use of our websites (e.g. IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applica-tions used, referring website, localisation data).

3. Purpose of data processing and legal grounds

We primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with providing energy to our clients and the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.
In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties’) legitimate interest, such as:

the supply and development of our products, services and websites, apps and other platforms on which we are active;
communication with third parties and the processing of their requests (e.g. job applications, media enquiries, architects);
the verification and optimisation of procedures regarding needs assessments for the purpose of direct customer contact, and the collection of personal data from publicly accessible sources for customer acquisition;

  • advertisement and marketing (including the organisation of events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
  • market and opinion research, media surveillance;
  • technical and other research and cooperation projects;
  • energy projects and energy planning
  • assertion of legal claims and defence in legal disputes and official proceedings;
  • prevention and investigation of criminal offences and other misconduct (e.g. conduct-ing internal investigations, data analysis to combat fraud);
  • guarantees regarding our operations, including IT, our websites, apps and other platforms;
  • measures for IT, building and facility security and for the protection of our employees, other persons and assets belonging to or entrusted to us (such as access controls, visi-tor lists, network and mail scanners, telephone records);
  • acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto, as well as measures for business management and compliance with legal and regulatory obliga-tions as well as internal regulations of Energie 360°.

If you have given us your consent to process your personal data for certain purposes (for example when subscribing to newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

4. Cookies/tracking and other techniques regarding the use of our website

We typically use cookies and similar techniques on our websites and apps, which allow for an identification of your browser or device. A cookie is a small file that is sent to your computer and automatically saved by the web browser on your computer or mobile device when you visit our website or install our app. If you revisit our website or use our app, we may recognise your device, even if we do not know your identity. Besides cookies that are only used during a session and deleted after your visit to the website (session cookies), we may use cookies in order to save user configurations and other information for a certain time period (e.g. two years) (permanent cookies). You may configure your browser settings so that it rejects cookies, only saves them for one session or deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies for the purpose of saving user settings (e.g. language, automated log in), in order to understand how you use our services and content, and to enable us to show you customised offers and advertisements (which may also happen on websites of other companies; should your identity be known to us, such companies will not learn your identity from us; they will only know that the same user is visiting their website has previously visited a certain website). Certain cookies are sent to you from us, others from business partners with which we collaborate. If you block cookies, it is possible that certain functions (such as language setting, shopping basket, ordering processes) are no longer available to you.
In accordance with applicable law, we may include visible and invisible image files in our newsletters and other marketing e-mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the e-mail, so that we can measure and better understand how you use our offers and customise them. You may disable this in your e-mail program, which will usually be a default setting.
By using our websites, apps and consenting to the receipt of newsletters and other marketing e-mails, you agree to our use of such techniques. If you object, you must configure your browser or e-mail program accordingly or uninstall the app, should the respective setting not be available.
We may use Google Analytics or similar services on our website. This is a service provided by third parties who may be located in any country in the world (in the case of Google Analytics, it is Google LLC in the USA, www.google.com), which enables us to measure and evalu-ate the use of the website (on a non-personal basis). For this purpose, permanent cookies are used, which are set by the service provider. The service provider does not receive any per-sonal data from us (and does not retain any IP addresses), but may track your use of the website, combine this information with data from other websites you have visited that are also tracked by the service provider, and use this knowledge for its own purposes (e.g. to control advertising). If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your personal data by the service provider will be conducted in accordance with its data protection regulations. The service provider only provides us with data on the use of the respective website (but not any personal information about you).
In addition, we use plug-ins from social networks such as Facebook, Twitter, YouTube, Google+, Pinterest or Instagram on our websites. This is visible to you (typically based on the respective symbols). We have configured these elements to be disabled by default. If you activate them (by clicking on them), the operators of the respective social networks may rec-ord that you are on our website and where on our website you are exactly, and may use this information for their own purposes. This processing of your personal data is the responsibility of the respective operator and occurs according to its data protection regulations. We do not receive any information about you from the respective operator.

5. Data transfer and transmission of data abroad

If authorised and appropriate, we also disclose your data to third parties in the course of our business activities and for the purposes set out in section 3, whether they process the data for us or want to use it for their own purposes. This relates to the following bodies in particular:
our service providers (within Energie 360° and the companies in which we have a stake, as well as externally, e.g. by banks or insurance companies), including order processors (such as IT providers);

  • traders, suppliers, subcontractors and other business partners;
  • customers;
  • Swiss and foreign authorities, official agencies, departments of the City of Zurich or courts of law;
  • the media;
  • the public, including users of our websites and social media;
  • competitors, industry organisations, associations, organisations and other bodies;
  • acquirers or parties interested in the acquisition of business divisions, companies or other parts of Energie 360°;
  • other parties in possible or pending legal proceedings;
  • other Energie 360° companies;
  • universities or research companies.

Some of these data recipients are located in Switzerland, but it is just as likely that they are located somewhere else on earth. In particular, you must anticipate that your data may be transmitted to any country in which Energie 360° is represented by Group companies, as well as to other countries in Europe and the USA where our service providers are located (such as Microsoft, SAP or Amazon). If we transmit data to a country without reasonable statutory data protection, we will provide an appropriate level of protection, as prescribed by law, through use of the appropriate contracts (based on the standard contract clauses of the European Commission or “Binding Corporate Rules”), or will base our actions on the statutory excep-tions of consent, contract execution, the establishment, exercise or enforcement of legal claims, overriding public interest, published personal data, or because such protection is re-quired to protect the integrity of the data subjects. You can source a copy of the contractual safeguards mentioned above at any time from the contact person named in section 1. How-ever, we reserve the right to redact copies for data protection reasons or on grounds of confidentiality, or to supply extracts only.

6. Retention periods for your personal data

We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation and during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be re-tained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g. for evidence and documentation purposes). In principle, we delete your personal data or render data anonymous wherever possible as soon as it is no longer required for the purposes stated above. In general, shorter retention periods of no more than twelve months apply for operational data (e.g. system logs).

7. Data security

We take appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse, such as issuing directives, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymisation, controls.

8. Obligation to provide personal data

In the context of our business relationship, you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used if certain information is not disclosed to ensure movement of data (e.g. IP address).

9. Profiling

We may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products possibly relevant for you more accurately. For this purpose, we may use evaluation tools that enable us to communicate with you and display advertisements as required, including market and opinion research.

10. Rights of the data subject

Within the scope of the data protection law which applies to you, and insofar as the law provides for it, you have the right to access, rectification, erasure, the right of restriction of data processing, and also the right to object to our data processing and to the provision of certain personal data for the purposes of transmission to another body (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs for you, we will notify you in advance. We have already notified you of the option to withdraw your consent in section 3. Please note that the exercising of these rights may conflict with contractual agreements and could lead to early termination of the contract or result in costs, for example. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
The exercising of such rights generally requires you to provide clear proof of your identity (e.g. by submitting a copy of your ID if your identity is otherwise unclear or cannot be verified). To assert your rights, you may contact us at the address given in section 1.
In addition, every data subject has the right to enforce their rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

11. Amendments

We may amend this data protection statement at any time without prior notice. The applicable version is the latest version as published on our website. If the data protection statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.