Data Protection Declaration
Date: April 1st, 2023
This Data Protection Declaration aims to explain how we, AISWEI B.V., Barbara Strozzilaan 101, 5e etage, kantoornummer 5.12, 1083HN Amsterdam, Netherlands (email@example.com) (“we” or “us”) will collect, use, store or process in other provided manner (collectively referred to as “process”) your personal data when you visit our website under www.solplanet.net and use our products or services, including but not limited to Solplanet Cloud for enterprise (pro-cloud.solplanet.net) and our mobile application “Solplanet” (collectively referred to as “Products” or “Services”).
This Data Protection Declaration not only applies for our customers, but also for our other business partners as well as for visitors of our website.
If necessary and where legally required, we will also inform you separately about the processing of your personal data in other contexts if this has not yet been done in this Data Protection Declaration.
Before you provide any personal data to us, please carefully read and thoroughly understand this Data Protection Declaration.
1. Purpose, Scope and Legal Basis of Our Processing of Personal Data
1.1 Processing Purpose and Category of the Processed Personal Data in Connection with the Use of Products and Services
We will process the following categories of personal data for the following purposes:
(1) For the purpose of registration for/logging in the Products or Services (“Registration Purpose”), we may process your personal data as follows: the name of your company, your user name, mobile phone number, email address and password.
In addition, in the course of registration and login, we may require you to provide additional information to complete the personal profile, including your name, address and photo and other information. If you do not provide the above additional information, your registration for/logging in our Products or Services will not be affected.
(2) For the purpose of provision of remote monitoring services for the photovoltaic power stations linked to your account (“Linked Stations”) to you (“Monitoring Purpose”), we may process your personal data as follows:
(a) User’s identity information, including your user name, name, mobile phone number, email address;
(b) Information of the Linked Stations, including the status, name, type, installed capacity, geographical location information, electricity generation, equivalent hour and grid connection time of the power stations;
(c) Device information of inverter, including the serial number, registration code, device type, power, Linked Stations, signal strength, software version of the inverter used by you;
(d) Information of terminal devices, including device parameters and system information, geographic location information, information of device identifier (IMEI, IDFA, Android ID, Cell ID, MAC, OAID, IMSI, and other relevant information of device)
(e) Network information, including your IP address, WiFi information,information of base station.
(3) For the purpose of provision of after-sales services, protection of your legal rights and interests and joint settlement of relevant disputes with you (“After-sales Purpose”), we may process your personal data as follows:
(a) Fault related information, including the device type, serial number, installation date, installation location, fault description, and system logs of the inverter used by you;
(b) Contact/recipient information, including the contact/recipient’s user name, name, telephone number, name and category of company.
(4) For the purpose of improvement of Products or Services, and introduction and promotion of our company, of companies from our company group, Products or Services, brand activities and other information to you (the aforesaid services collectively referred to as “Promotion Services”, and the aforesaid purposes collectively referred to as “Promotion Purpose”), we may process your personal data as follows if further legal requirements are met:
(a) User’s identity information, including your mobile phone number, email address, country/region, job title, company name;
(b) Feedback information, including your feedback on the Products or Services.
The above Registration Purpose, Monitoring Purpose, After-sales Purpose and Promotion Purpose are collectively referred to “Processing Purposes”.
1.2 Processing of Geographical Personal Data
Please note that for Monitoring Purpose, we have to process your geographical location information, in order to locate your Linked Stations. For After-sales Purpose, we have to process your geographical location information, in order to locate your Linked Stations and provide after-sales services including repair and replacement. Please understand that if you refuse to provide the aforesaid sensitive personal data, we will be unable to achieve the Monitoring Purpose and After-sales Purpose and unable to provide you with relevant functions and services.
1.3 No Processing of Personal Data of Minors or of Special Categories of Personal Data
We will not collect any personal data of any minor or of special categories of personal data for any of Processing Purposes. You shall not provide any minor’s personal data or special categories of personal data to us.
1.4 Legal Basis of Our Processing of Personal Data
We process Personal Data under the following lawful grounds in accordance with Article 6 GDPR: (i) the processing of personal data is based on your explicit consent, inter alia in case of marketing purposes; (ii) the processing of your personal data is necessary for us to perform the agreement with you and to enter into an agreement between us; (iii) the processing of your personal data is necessary for us to comply with legal obligations to which we are subject; (vi) the processing of your personal data is necessary for legitimate interests, such as cyber security and data protection, fraud detection, service maintenance and control, support, back-up, data disaster recovery; and (v) the e-mail-marketing under the conditions of Section 7 subsection 3 of the German Act against Unfair Competition.
2. How We Process Personal Data
2.1 How We Collect Your Personal Data
For Processing Purposes, if the legal requirements are met, in particular if there is a legitimate interest within the meaning of Article 6 No. 1f GDPR, we will, by ourselves or by entrusting a third party, collect your personal data through websites, mobile applications, Cookie and similar device identification technologies, and other tools, facilities or devices.
If you provide any other person’s personal data to us, you shall ensure that you have obtained the separate consent of the other person to such provision. Otherwise, if we infringe the other person’s rights to personal data due to your provision, then we reserve the right of recourse.
2.2 How We Use Your Personal Data
(1) For Registration Purpose, we will, by ourselves or by entrusting a third party, use your personal data in the following manner:
– We will identify your user identity based on information including your company name, mobile phone number, email address, head portrait and password;
(2) For Monitoring Purpose, we will, by ourselves or by entrusting a third party, use your personal data in the following manner:
(a) We will identify your user identity based on information including your username, mobile phone number and email address;
(b) We will establish the power station and configure the network for you, and monitor, calculate and show you the power generation, revenue, and status of your device and the Linked Stations, based on the device information such as the serial number of the device and the information of the Linked Stations.
(3) For After-sales Purpose, we will, by ourselves or by entrusting a third party, use your personal data in the following manner:
(a) We will analyze the reason of fault and settle the disputes related to the Products or Services jointly with you based on the fault-related information provided by you;
(b) We will give you feedback and provide after-sales services to you based on your contact/recipient information.
(4) For Promotion Purpose, we will, by ourselves or by entrusting a third party (including advertisers and other service providers), use your personal data in the following manner:
(a) We will improve our Products and Services based on the feedback information provided by you;
(b) We will send you, if further legal requirements are met, non-personalized information push or commercial marketing information, such as sending you generic promotion SMS, and displaying and pushing generic information to you and so forth, based on your mobile phone number, email address and device identifier information.
Please note that, we do not make use of automated individual decision making.
2.3 How We Will Store Your Personal Data
2.3.1 Storage Location
For your personal data that we collect and generate within the European Union, we will store it in the European Union by ourselves or by entrusting a third party (such as server supplier).
2.3.2 Storage Period
Unless otherwise stipulated by laws and administrative regulations, we will only store your personal data for the shortest period necessary for achievement of the Processing Purposes. After the above storage period expires, we will delete your personal data or anonymize it as required by applicable law.
2.4 How We Will Provide Your Personal Data to Others
We will generally not provide your personal data to any third party. However, in case of any of the following circumstances, we may provide your personal data to a third party subject to compliance with relevant provisions of law,
(a) if we have obtained your separate consent;
(b) if it is necessary for the conclusion or performance of a contract to which you are a party, e.g. in case of forwarding your personal data to distributors or other subcontractors;
(c) if it is necessary for performing a statutory responsibility or obligation (such as provision to administrative authorities, judicial authorities and other governmental authorities according to relevant provisions of law);
(d) if it is necessary to respond to public health emergencies, or secure the health or property of individuals in case of urgent situations;
(e) or under other circumstances as stipulated by laws and administrative regulations.
If we need to transfer your personal data due to merger, division, dissolution, declaration of bankruptcy and other reasons, we will inform you of the recipient’s name and contact information in advance, and will, if legally necessary, obtain you consent to do so. The recipient will continue performing the obligations as the personal data controller.
2.5 We Will Not Publicly Disclose Your Personal Data
Unless we obtain your separate consent, we will not publicly disclose your personal data.
2.6 Processing by Ourselves and Processing by Third Parties
We will process your personal data according to the Processing Purposes and processing method stated above by ourselves or by entrusting a third party. In case of processing by ourselves, we will designate necessary employees to process your personal data on our behalf, and supervise the personal data processing activities of the employees to fully protect your personal data. In case of our processing by entrusting a third party we will enter into a commissioned processing agreement in accordance with Art. 28 GDPR or any other necessary data protection agreement with the recipient and supervise the recipient’s personal data processing activities to fully protect your personal data.
2.7 Anonymized Processing
If we take technical measures or other necessary measures to conduct anonymized processing of your personal data, after which the information cannot be used to identify a specific individual and cannot be recovered, the usage, storage, provision to others, public disclosure and other processing of such processed information are not conditional on informing to you or obtaining of your consent.
3. How We Will Protect Your Personal Data
We will use our best efforts to protect the confidentiality of your Personal Data. We use reasonable data security measures in line with the high industry standards. We also adopted strict rules that include technical and physical administrative measures for protecting your Personal Data, including protecting against Personal Data misuse and against unauthorized hacking.
4. Your Rights on Personal Data Processing
We guarantee you the following rights with respect to your personal data:
(a) The right to access according to Art. 15 GDPR
(b) The right to rectification according to Art. 16 GDPR
(c) The right to erasure according to Art. 17 GDPR
(d) The right to restriction of processing according to Art. 18 GDPR
(e) The right to data portability from Art. 20 GDPR
(f) The right to object according to Art. 21 GDPR
The restrictions according to Arts. 34 and 35 BDSG apply to the rights to information and erasure.
You can assert the rights specified above to us under firstname.lastname@example.org or by post to the postal address of us given at the beginning of this data protection declaration
Furthermore, you have the right to complain to the regulatory authority for data protection.
You can also contact us with questions or complaints regarding data protection under email@example.com or by post to the postal address.
Please note specially that before you exercise the right to object, you shall fully consider the consequences of objection. Once you object to certain processing, we will be unable to continue to provide you with corresponding functions or services, and you will solely bear the consequences and liabilities arising therefrom, including losses caused to you or any third party by your inability to use the corresponding functions or services.
5.1 Update of this Data Protection Declaration
We reserve the right to update or modify this Data Protection Declaration from time to time. If the modification results in substantial reduction of your rights under this Data Protection Declaration, we will send you a change notice by email, letter, telephone notice, announcement, push within the software and so forth.
If you receive the change notice but do not agree with the modified Data Protection Declaration, you shall immediately notify us in writing. Otherwise, you shall be deemed to accept our modifications to the relevant provisions of the Data Protection Declaration. If you continue to provide your personal data to, or cooperate in the collection of your personal data by, us or a third party entrusted by us after receiving the change notice, or continue to use our Products or Services, you shall be deemed to accept our modifications to the relevant provisions of this Data Protection Declaration.
5.2 How to Contact US
If you have doubts, comments or suggestions on this Data Protection Declaration or any matters related to your data, you can contact us by sending an email to firstname.lastname@example.org.