Anesco understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits our websites (www.anesco.com, www.anesco.de, anesco.nl, www.anesco.co.uk, www.aeos-services.de/ and www.aeos-energy.de) (each being “Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with our obligations and your rights under the law.
2. DEFINITIONS AND INTERPRETATION
“cookie” means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;
“Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data on the basis of our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us using the details in section 15; and “personal data” means any information relating to an identified or identifiable natural person.
3. INFORMATION ABOUT US
The Anesco Group is made up of different legal entities, of which the following are data controllers: Anesco Asset Management Limited; Anesco Asset Management Three Limited; Anesco Battery Solutions Limited; Anesco Bidco 1 Limited; Anesco GHEB Limited; Anesco Limited; Anesco Mid Devon Limited; Anesco Solar Rooftop 1 Limited; Anesco Nederland B.V., Anesco Deutschland GmbH, aeos energy GmbH and Anesco South West Limited.
4. WHAT DOES THIS POLICY COVER?
5. WHAT DATA DO WE COLLECT AND WHY?
We do not collect any Special Categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If and insofar your personal data is processed on the basis of legitimate interests, information can be obtained by you as to the so-called balancing test that was carried out to allow us to rely on this processing ground. This test shows why our legitimate interests outweigh your right to privacy in those specific cases.
6. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you, including through:
- Direct interactions. You may give us personal information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- request marketing to be sent to you; or
- give us feedback or contact us.
- Third parties or publicly available sources. We will receive personal data about you from (a) analytics providers such as Google; (b) advertising networks; and (c) search information providers.
7. CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you would like an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the details in section 15. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
8. HOW DO WE STORE YOUR DATA?
We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. In addition, by law for tax purposes we must keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of the personal data, the purposes for which we process the personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
You have the right to withdraw your consent to us using your personal data at any time, and in some circumstances you can ask us to delete your data.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
9. DO WE SHARE YOUR DATA?
Other than in the circumstances set out below, we will not share any of your data with any third parties for any purposes.
In certain circumstances, we may be legally required to share certain data held by us, which may include your personal data, for example, where we are involved in legal proceedings, where we are complying with legal obligations, a court order, or a governmental authority.
We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
We may share your personal data with the parties, and for the purposes, set out below:
- in relation to the provision of energy efficiency services, to third party installers in order for them to discuss the provision of services with you where you have requested such information, as referred to in section 5 above;
- to third parties who help us provide any part of the Site or the Services, to the limited extent required for such help, and on condition that they may not further disclose your data or use it for any other purpose; or
- We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
10. INTERNATIONAL TRANSFERS
Some of our external third parties, including service providers and professional advisers, are based outside the EU or UK so their processing of your personal data will involve a transfer of data outside the EU or UK. Whenever we transfer your personal data out of the EU or UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data; and
- Where we use certain service providers, we may use specific contracts approved for use in the EU or UK which give personal data the same protection it has in the EU or UK.
If you are resident in the EU, the EU-criterion as referred to above will apply instead of UK.
11.WHAT HAPPENS IF OUR BUSINESS CHANGES HANDS?
12. HOW CAN YOU CONTROL YOUR DATA?
In addition to your rights under data protection law, set out in section 17, when you submit personal data via Our Site, you may be given options to restrict our use of your data. In particular, We aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details).
13. YOUR RIGHT TO WITHHOLD INFORMATION AND YOUR DUTY TO INFORM US OF CHANGES
You may access Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data, and where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data where requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods and services) In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
14.HOW CAN YOU ACCESS YOUR DATA?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). In most circumstances, no fee is payable, and we will provide any and all information in response to your request free of charge. Please contact us for more details using the contact details below in section 15.
15. CONTACTING US AND MAKING A COMPLAINT
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk), or, depending on where you are residing, the appointed data protection authority in your member state (including but not limited to Der Bundesbeauftragte für den Datenschutz und die Informationsfreiheit and the Autoriteit Persoonsgegevens). We would, however, appreciate the chance to deal with your concerns before you approach the data protection authority so please contact us in the first instance.
17.YOUR LEGAL RIGHTS – GENERAL
Under certain circumstances, you have rights under data protection laws in relation to your personal data. This includes the right to:
a) Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
b) Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
c) Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
d) Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
i) If you want us to establish the data’s accuracy.
ii) Where our use of the data is unlawful but you do not want us to erase it.
iii) Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
iv) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
e) Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
f) Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
18. YOUR LEGAL RIGHTS – OBJECTING TO PROCESSING ON GROUNDS OF LEGITIMATE INTERESTS AND TO DIRECT MARKETING
Under certain circumstances, you have rights under data protection laws to object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.