Privacy Policy

9.1  Cookie Settings / Revocation  

You can prevent cookies from being stored on your end device in advance and in general by deactivating cookies in the system settings of your browser. Please note, however, that some of the cookies are essential for the function of our website, otherwise the page cannot be displayed without problems. If you disable all cookies, you will not be able to use the website without restrictions. You can also control the storage of cookies yourself at any time by changing your browser settings and/or deleting all cookies. 

You can also adjust your cookie settings for our website at any time via the following link. By changing your settings, you can also revoke your consent at any time.  

10  Analytics and/or audience measurement 

We use your data for analysis purposes and/or audience measurement on our website (cf. Art. 4 No. 8, Art. 28 DS-GVO). Processing takes place only within the European Union. An analysis by means of cookies or other tracking technologies, which requires access to information stored in your end device, only takes place if you have given your consent (Art. 6 para. 1 lit. a DS-GVO). 

In addition, however, it is in our legitimate interest to analyze the interaction with our website collected with the help of information from log files (Art. 6 para. 1 lit. f DS-GVO). It is not possible to recognize individual website users and individual interests are not evaluated.  

11  Job Applications via Email 

If you send us an unsolicited application or apply via email in response to one of our job postings at elexon-charging.com/careers, we will collect the data you provide during the application process, in particular: 

•          Your name;
•          Your email address;
•          Your résumé;
•          Your work references;
•          The job profile you are applying for.
•          You also have the option of providing additional information and a cover letter (letter of motivation) for your application.

We process the above-mentioned personal data for the purpose of receiving and processing your application or deciding on whether to establish an employment relationship with you. The data processing is carried out on the basis of § 26 para. 1, 3 Federal Data Protection Act (“BDSG”). 

If we are unable to offer you a position, your application documents will be stored for up to six months after completion of the respective application process in order to answer any queries in connection with your application. If you allow us to store your application documents for a longer period of time after completion of the application process for further potentially interesting job postings, this is based on your consent (Art. 6 para. 1 lit. a DS-GVO). Storage may continue if required in accordance with our legitimate interests to provide evidence, in particular to defend, enforce or assert claims (Art. 6 para. 1 lit. f DS-GVO). 

12  Automated Individual Decision-Making or Profiling Measures

We do not use automated processing to make a decision or for profiling. 

13  Transmission of Data to Third Parties

Your personal data is only passed on without your prior consent in the following cases: 

• If it is necessary in order to clarify an illegal usage of our services or for legal prosecution, your personal data will be forwarded to external advisors (e.g. lawyers), law enforcement authorities and, if applicable, aggrieved third parties. This will, however, only happen if concrete indications of unlawful or fraudulent behavior are found. Data may also be transmitted if necessary for the enforcement of contracts or other agreements. Furthermore, we are legally obligated to provide information to certain public authorities upon request. These include law enforcement authorities, authorities that prosecute administrative offenses subject to fines, and tax authorities. Your personal data may also be disclosed if we are exposed to other claims by third parties, which may include the disclosure of your data. Such claims may include, in particular, third-party claims in connection with the assertion of their rights in accordance with Chapter III of the GDPR.

The disclosure of this data is based on our legitimate interest in combating abuse, prosecuting criminal acts and asserting, pursuing or defending claims, Art. 6 (1) lit. f DS-GVO or on the basis of a legal obligation pursuant to Art. 6 (1) lit. c DS-GVO. 

• We rely on contractually affiliated third-party companies and external service providers, so-called “processors” (cf. Art. 4 No. 8, 28 DS-GVO) for the performance of services.  In such cases, personal data is passed on to these processors in order to enable them to continue processing. These processors are carefully selected and regularly reviewed by us to ensure that your rights and freedoms are protected. The processors are permitted to use the data exclusively for the purposes specified by us and are also contractually obligated by us to treat your data solely in accordance with this privacy policy and the applicable data protection laws.

In addition to the processors already mentioned in this Privacy Policy, we also use the following categories of processors: 

o         IT service providers 

o         Cloud service providers 

o         IT service providers 

o         Software service providers 

• Within the framework of administrative processes, as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving, we may disclose or transmit the same data we received in connection with the provision of our contractual services or, if applicable, in connection with the assertion, pursuit or defense of claims, to tax authorities, consultants, such as tax advisors or auditors, as well as other fee offices and payment service providers.

The transmission of this data is based on our legitimate interest in maintaining our business activities, performing our tasks and providing our services, Art. 6 (1) lit. f DS-GVO or on the basis of a legal obligation according to Art. 6 (1) lit. c DS-GVO. 

• As we continue to develop our business, it is possible that the structure of elexon GmbH may change by way of a change in legal form, the establishment, purchase or sale of subsidiaries, parts of companies or components. During such transactions, data from our customers and contact persons in particular will be transferred together with the part of the company being transferred. Whenever personal data is transferred to third parties as described above, we will ensure that this is done in accordance with this privacy policy and the relevant data protection laws.

Any disclosure of personal data is justified by the fact that we have a legitimate interest in adapting our corporate form to the economic and legal circumstances as necessary, Art. 6 para. 1 lit. f DS-GVO. 

14   Transmission to Third Countries 

We also process data in countries outside the European Economic Area (“EEA”), in so-called third countries and transfer data to recipients in said third countries. This also includes the USA. Please note that there is currently no adequacy decision from the EU Commission stating that these third countries provide an adequate level of data protection. For the USA in particular, there is currently no corresponding adequacy decision from the EU Commission. We therefore make use of the standard contractual clauses approved by the EU Commission in accordance with Art. 46 (2) lit. c DS-GVO when structuring contractual relationships with recipients in third countries. You can request a corresponding copy of these standard contractual clauses, as well as information on the supplementary measures we have taken to ensure an adequate level of data protection by contacting us using the contact details provided in section 1. 

15  Provision of Your Data

Even if, as described above, there is an automatic transmission of data when you access our website, you are not legally or contractually obligated to provide data in connection with the use of our homepage. 

You are free to provide us with data via the contact form and by email, but we will not be able to process and respond to your inquiries unless you provide us with the corresponding data when contacting us.  

Insofar as voluntary information is concerned, failure to provide it will mean that we will not be able to provide the corresponding functions and services or at least not to the extent to which they are normally provided. If we collect voluntary information within the context of a job application, failure on your part to provide this information will have no consequences for the application process or our selection decision. 

16   Deletion of Your Data 

Unless otherwise stated in this Privacy Policy, we will delete or anonymize your data as soon as it is no longer necessary for the purposes for which we collected or used it in accordance with the preceding paragraphs. Any further storage will only take place if we are obliged to do so due to legal reasons, Art. 6 para. 1 lit. c DS-GVO.  

• Insofar as we are legally obligated to store your data, we will store it for the legally prescribed period. Legal requirements for storage may arise in particular with regard to the retention periods of the German Commercial Code (HGB) or the German Fiscal Code (AO). The retention period under these regulations is usually between 6 and 10 years from the end of the year in which the relevant process was completed, e.g. we have finally processed your inquiry or the respective contract has ended.
• Insofar as your data is relevant for the initiation of a contract or the execution of contracts, the data will be stored for the initiation and execution of the respective contractual relationship (Art. 6 para. 1 lit. b DS-GVO).
• Insofar as the data is required for a longer period of time for the purpose of criminal prosecution or for the assertion, pursuit or defense of legal claims. This is also in our legitimate interest, Art. 6 para. 1 lit. f DS-GVO. 

Processing is restricted insofar as data must be retained for legal reasons. The data is then no longer available for further use.  

17  Your Rights as A Data Subject 

You have the right to receive information from us at any time upon request about the personal data we process that relates to you within the scope of Art. 15 DS-GVO and Section 34 BDSG. 

17.1  Right of Access

You have the right to receive information from us at any time upon request about the personal data we process that relates to you within the scope of Art. 15 DS-GVO and Section 34 BDSG. 

17.2  Right to Rectification

You have the right to request us to rectify your personal data without delay, in accordance with Art. 16 DS-GVO, if it is inaccurate. 

17.3  Right to Erasure

You have the right, under the conditions described in Art. 17 DS-GVO and § 35 BDSG, to demand that we delete your personal data.  

17.4  Right to Restrict Processing

You have the right to demand that we restrict processing in accordance with Art. 18 DS-GVO.  

17.5  Right to Data Portability

You have the right to receive the personal data that you have provided us with in a structured, commonly used, machine-readable format in accordance with Art. 20 DS-GVO. 

17.6  Right to Withdraw Consent

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you on the basis of Article 6(1)(f) DS-GVO, in accordance with Article 21 DS-GVO. We will cease the processing of your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, pursuit or defense of legal claims. 

You have the right to object to the processing of personal data relating to you for direct marketing purposes, including profiling. We will stop the processing immediately following your objection. 

17.7  Right to Object

You have the right to contact a data protection supervisory authority in the event of complaints. The supervisory authority responsible for us in North Rhine-Westphalia is: 

The Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen (State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia) 

Kavalleriestr 2-4 
 40213 Düsseldorf 

Telephone: 0211/38424-0 
 Fax 0211/38424-10 
Email: poststelle@ldi.nrw.de 

18  Data Processing While Exercising Your Rights

Finally, we would like to point out that we process the personal data that you provide when exercising your rights pursuant to Art. 7 (3) sentence 1 DS-GVO (revocation of your consent) and Art. 15 to 22 DS-GVO for the purpose of implementing these rights and in order to provide evidence thereof as well as, if necessary, for the defense of legal positions. We will store your data in this context for three years from the complete fulfillment of your data subject rights. This data processing is based on Article 6 (1) lit. c DS-GVO in conjunction with Article 7 (3) sentence 1 DS-GVO and Articles 15 to 22 DS-GVO and Section 34 (2) BDSG. Insofar as we process personal data for the purpose of legal defense, this is also in our legitimate interest, Art. 6 para. 1 sentence 1 lit. f DS-GVO. 

You are neither contractually nor legally obligated to provide your personal data, however, we may refuse to fulfill your request regarding the assertion of your data subject rights pursuant to Art. 12 (2) sentence 2 DS-GVO if you do not provide us, upon request where applicable, with the data required to clearly identify you.