Privacy Policy – Schmack Biogas Service GmbH

This Privacy Policy comprises five parts:

  • The first part (general information) applies to all users of Schmack Biogas services.
    - Data controller
  • The second part (provisions for private and commercial users) applies to private and commercial users of Schmack Biogas services.
  • The third part (provisions for applicants) applies to private users of Schmack Biogas services in respect of job applications.
  • The fourth part (general information and provisions for Schmack Biogas websites) applies to all users who use Schmack Biogas services or websites.
  • The fifth part (information on the rights of data subjects) applies to all users whose data is subject to data protection law, but not legal persons.
    - Data protection officer
    - Supervisory authority

I. General information

We, Schmack Biogas Service GmbH, (hereafter referred to as "Schmack Biogas" or "we"), as part of the Viessmann Group, take the protection of your personal data very seriously and strictly adhere to the currently applicable data protection regulations. These primarily include the General Data Protection Regulation (hereafter: "GDPR"), Regulation (EU) 2016/679 of the European Parliament and of the Council. Within the Viessmann Group, Schmack Biogas Service GmbH in conjunction with microbEnergy GmbH and Bio-Energie Allendorf GmbH form Schmack BioEnergie GmbH.

Personal data is only recorded on our websites and when using our apps and services to the extent necessary and processed for a specific purpose. Personal data is data by which you can be personally identified or other related data.

Responsible body/data controller as defined by the German Federal Data Protection Act (BDSG)/GDPR:

Schmack Biogas Service GmbH
Bayernwerk 8, 92421 Schwandorf, Germany
Telephone: +49 9431 751-0
Fax: +49 9431 751-204
Email: info@schmack-biogas.com

Processing within the Viessmann Group

As part of the optimised distribution of work in the Viessmann Group, data is processed by different companies within the Viessmann Group.

The following companies carry out work for us, Schmack Biogas Service GmbH:

  • Viessmann Climate Solutions SE
  • Viessmann Deutschland GmbH for sales purposes and marketing
  • Viessmann Climate Solutions Berlin GmbH and Viessmann for operation of the websites and apps as well as marketing
  • Viessmann IT Service GmbH for the operation of the backend systems

The data collected can be processed by other companies belonging to the Viessmann Group or passed on to them if:

  • you have been informed of this and have expressly consented to it elsewhere (e.g. enquiry form),
  • it is necessary for specific purposes and the division of labour within the Viessmann Group; corresponding contractual agreements have been concluded within the Viessmann Group for this,
  • the data has been provided having already been pseudonymised by the responsible body/data controller or by order of a company in the Viessmann Group, and this party guarantees that the Group company tasked with processing cannot reverse this process, or
  • the data has been saved in anonymous form by the responsible body/data controller or by order of a company in the Viessmann Group, and the data saved in this manner is no longer subject to the data protection regulations.

Transfer to third countries

Schmack Biogas and the other companies in the Viessmann Group process/transfer the data provided by you in/to locations in Germany, the European Union and third countries that generally have an appropriate level of data protection as per Art. 45 GDPR or that provide suitable guarantees per Art. 46 GDPR.

Please note that data may be transferred outside the European Union and the European Economic Area to a country that does not offer an appropriate level of data protection. If the data is transferred to the USA, there is a risk that your data may be processed by US authorities for control and monitoring purposes without you having the possibility of legal recourse.

Application area of the Privacy Policy

This Privacy Policy provides an overview of how Schmack Biogas assures data protection, what type of data is collected for what purpose, and the legal basis behind its collection and processing. It applies to all websites and apps for which Schmack Biogas is responsible and when you contact us through other communication channels. In the event that Schmack Biogas websites, apps or other processing procedures deviate from these data processing principles or supplement them with their own, this will be indicated accordingly on the websites, apps or respective process documents in question.

Our websites may include links to the websites of other suppliers, but this Privacy Policy does not apply to such sites.


II. Provisions for private and commercial users

This part of the data protection provisions applies to private and commercial users (such as contractors, industrial businesses, local authorities, commercial enterprises, design engineers, architects, etc.) of Schmack Biogas Services or Schmack Biogas websites.
For other personal data processed within the context of delivery and service in accordance with point (b), Art. 6(1), the data protection provisions in the respective General Terms and Conditions of Sale apply.

1. Contact using an enquiry form on our website

o Description and scope:

If you send us an enquiry using one of our enquiry forms, your data from the enquiry form, including the contact details you provide, will be stored by us for the purpose of processing your enquiry and in case there are follow-up questions, for information about services provided by Schmack Biogas or for the submission of a quotation. To this end, your data may be held in a central IT system. The holding and further processing of your personal data and other information are in the first instance carried out merely so that we can respond to your questions and inform you about our products or draw up a quotation. In the event that a contract is concluded or an order is placed, your data will be further processed in order to process the contract or order and/or for further documentation purposes.

In the event data needs to be forwarded to subcontractors or other third parties in order to respond to a question, draw up a quotation or process an order, this will be carried on the basis of a balancing of interests.

We process the following categories of personal data as part of your enquiry if you use one of our enquiry forms:

  • First name
  • Last name
  • Postcode
  • Telephone
  • Email address
  • Acknowledgement of the Privacy Policy

The following categories are optionally processed:

  • Country
  • Street name and house number
  • Contact requested
  • Interest
  • Outline of the enquiry
  • Title
  • Company affiliation
  • Fax number

o Legal basis:

  • Execution of contract or undertaking of pre-contractual measures, point (b), Art. 6(1) GDPR
  • Legitimate interest, point (f), Art. 6(1) GDPR

o Purpose:

To process your enquiry, including clarification of queries, requests for additional information, etc., as well as to retain information for the protection of individuals and for customer support purposes.

Our legitimate interest also lies in the purposes specified.

o Retention period:

A significant proportion of the personal data processed as part of a business relationship is of relevance for tax matters and is, therefore, retained for ten years from the end of the year in which the invoice was issued or the entry was made in accordance with the retention periods under commercial and tax law in Art. 147 German Fiscal Code (AO) and Art. 257 German Commercial Code (HGB).

Data that is not of relevance for tax matters will be deleted only if it is particularly sensitive data or if you request its deletion. We routinely assume that we are permitted to retain professional contact data as part of our "legitimate interest" in accordance with point (f) of Art. 6(1) GDPR without a deletion period, as this data is not sensitive and you have an interest in remaining in business contact with us.

o Opt-out:

If the processing of your personal data is necessary in order to process your request, you are unable to opt out.

If, following an enquiry, we have not concluded a contract with you or received an order from you, you can object to the further processing of your personal data at any time. To do this, please send an email to widerruf@schmack-biogas.com or other notification to the contact details above. Choosing to opt out may have a restrictive effect on the business relationship.

If the processing of your personal data is based on legitimate interest, you may object at any time provided that there are reasons in your particular situation not to process the data. To do this, please send an email to widerruf@schmack-biogas.com or other notification to the contact details above. Choosing to opt out may have a restrictive effect on the business relationship.

2. Registration for a training course via our website

o Description and scope:

In the event that you register for a training course using a registration form on our website and thereby send us your data via the registration form, we will store your data from the registration form for the purpose of processing your registration and for follow-up questions on the same topic.

Verification and further processing of the data by the German Biogas Association

In the event that you have registered for a training course with Schmack Biogas that is offered or processed in collaboration with the German Biogas Training Association, your data will be forwarded to the German Biogas Training Association for verification and further processing. This takes place solely in connection with the scheduled or conducted training. You can find further information on the processing of your data by the German Biogas Association and the Biogas Training Association at https://www.schulungsverbund-biogas.de/kontakt/datenschutz.php.

We process the following categories of personal data as part of your registration with us:

  • Training dates
  • Name
  • Address
  • Telephone
  • Email address
  • Mandatory registration
  • Acknowledgement of the Privacy Policy

The following categories are optionally processed:

  • Company affiliation
  • Fax number
  • Billing address

o Legal basis:

  • Execution of contract or undertaking of pre-contractual measures, point (b), Art. 6(1) GDPR
  • In the case of a company employee: legitimate interest, point (f), Art. 6(1) GDPR

o Purpose:

Processing of your registration and delivery of the training course including clarification of queries, etc.
Our legitimate interest also lies in the purposes specified.

o Retention period:

For the duration of the delivery of the training course and for 6 months after the training course, unless a longer retention period applies. In that case, the retention period is 6 years (business correspondence) or 10 years (invoices).

o Opt-out:

Your personal data must be processed as part of your contact with us so as to be able to process your registration. Consequently, there is no opt-out.

3. Advertising and consent to receive advertising through our website

o Description and scope:

We, i.e. Schmack Biogas, will only inform you by email, post or telephone about Schmack Biogas products and services and, if applicable, ask you about our products and services, if you have given us your express consent to use your personal data for the purposes of advertising (opt-in).

Consent is given by actively placing a check mark below our forms next to the statement "Yes, Schmack Biogas Service GmbH may use my email address to keep me informed about the latest products and services."

Please note that text displayed to you on the website/app in question may differ from the wording above in some cases.

We process the following categories of personal data as part of your advertising consent:

  • First name
  • Last name
  • Email address
  • Acknowledgement of the Privacy Policy
  • Consent to the sending of advertising

Depend on the specific form used, the following categories are processed additionally or optionally:

  • Address
  • Country
  • Telephone
  • Mandatory registration
  • Contact requested
  • Interest
  • Outline of the enquiry
  • Title
  • Company affiliation
  • Fax number
  • Training dates
  • Billing address

o Legal basis:

  • Consent, point (a), Art. 6(1) GDPR

o Purpose:

To inform interested parties about the latest products and services. The opportunity for interested parties to direct criticism as well as praise through market and opinion research.

o Retention period:

Until you withdraw your consent.

o Opt-out:

If you granted consent for us to use your data in this way but no longer wish to receive advertising or surveys from Viessmann or Schmack Biogas, you may revoke your consent at any time with future effect. To do this, please contact us, if possible specifying the service(s) used, by sending an email to widerruf@schmack-biogas.com. Your data will then be deleted or, if the data is still required for verification, billing and/or accounting purposes, will continue to be stored for these purposes.

4. Contact using the contact details of Schmack Biogas

o Description and scope:

If you use the contact details on our websites or accompanying PDF documents to contact us by post, email, telephone or fax, and insofar as you provide us with your personal data as part of this contact, we will process this data. Processing is carried out in order to respond to your enquiry, for follow-up questions, to provide information about Schmack Biogas services or to submit a quotation. To this end, your data may be held in a central IT system. The holding and further processing of your personal data and other information are in the first instance carried out merely so that we can respond to your questions and inform you about our products or draw up a quotation. In the event that a contract is concluded or an order is placed, your data will be further processed in order to process the contract or order and/or for further documentation purposes.

In the event that data needs to be forwarded to subcontractors or other third parties in order to respond to a question, draw up a quotation or process an order, this will be carried out on the basis of a balancing of interests.

We process the following categories of personal data as part of your contact with us:

The following categories are optionally processed:

  • Interest
  • Address
  • Country
  • Telephone
  • Email address
  • First name
  • Last name
  • All personal data that you provide to us

o Legal basis:

  • Consent, point (a), Art. 6(1) GDPR
  • Execution of contract or undertaking of pre-contractual measures, point (b), Art. 6(1) GDPR
  • Legitimate interest, point (f), Art. 6(1) GDPR

o Purpose:

To process your enquiry, including clarification of queries, requests for additional information, etc., as well as to retain information for the protection of individuals and for customer support purposes.

Our legitimate interest also lies in the purposes specified.

o Retention period:

A significant proportion of the personal data processed as part of a business relationship is of relevance for tax matters and is, therefore, retained for ten years from the end of the year in which the invoice was issued or the entry was made in accordance with the retention periods under commercial and tax law in Art. 147 German Fiscal Code (AO) and Art. 257 German Commercial Code (HGB).

Data that is not of relevance for tax matters will be deleted only if it is particularly sensitive data or if you request its deletion. We routinely assume that we are permitted to retain professional contact data as part of our "legitimate interest" in accordance with point (f) of Art. 6(1) GDPR without a deletion period, as this data is not sensitive and you have an interest in remaining in business contact with us.

o Opt-out:

If the processing of your personal data is necessary in order to process your request, you are unable to opt out.

If your personal data is processed on the basis of your consent, you can revoke your consent to the use of the data that you have provided at any time with future effect. To do this, please contact us, if possible specifying the service(s) used, by sending an email to widerruf@schmack-biogas.com. Your data will then be deleted or, if the data is still required for verification, billing and/or accounting purposes, will continue to be stored for these purposes.

If, following an enquiry, we have not concluded a contract with you or received an order from you, you can object to the further processing of your personal data at any time. To do this, please send an email to widerruf@schmack-biogas.com or other notification to the contact details above. Choosing to opt out may have a restrictive effect on the business relationship.

If the processing of your personal data is based on legitimate interest, you may object at any time provided that there are reasons in your particular situation not to process the data. To do this, please send an email to widerruf@schmack-biogas.com or other notification to the contact details above. Choosing to opt out may have a restrictive effect on the business relationship.


III. Provisions for applicants

This part of the data protection provisions applies to applicants responding to job advertisements at Schmack Biogas and other companies in the Viessmann Group or third party companies to which Viessmann provides a platform or partner programme for job advertisements/placement. This applies only insofar as these applicants transmit personal data to Viessmann as part of the application process, e.g. an application in paper format, by email, contact forms with attachments or portals operated by Viessmann or the use of electronic job boards operated by third parties in accordance with the requisite content, also in accordance with additional local/provincial specifications.

Application documents transmitted to Schmack Biogas in paper format will be kept for the duration of the application process and, in the event that the individual does not commence employment, will be destroyed by a certified service provider in accordance with data protection regulations.

We will use your personal data solely to process your application and/or as part of talent relationship management and on the basis of your consent to this Privacy Policy. The processing of your application also includes, if required, use of your data for the purpose of contacting you by email and/or post and/or telephone. Those responsible for recruitment and HR at Schmack Biogas Service GmbH, Viessmann Climate Solutions Berlin GmbH and Viessmann, Viessmann Climate Solutions SE, the respective Group company as well as supervisors or others responsible for recruitment in the division in which the position is advertised have access to your documents. Further processing is carried out anonymously for the purpose of gauging the success of job placements and the technical application channels used, as well as the skills imparted by applicants – also anonymously.

The data is processed with the aid of systems operated by Greenhouse Software, Inc., a company based in the USA. To this end, Viessmann Climate Solutions Berlin GmbH and Viessmann have concluded a contract with Greenhouse Software, Inc. based on the EU standard data protection clauses in accordance with Art. 46 GDPR.

The applicant's personal data is deleted automatically after 4 months at the earliest, but no later than after 6 months, starting at the point in time at which the applicant is informed that the position will not be occupied by him/her and provided that there are no further statutory requirements against deletion. The time limit is based on the requirements of the German Anti-Discrimination Act (AGG).

On acceptance into the Talent Relationship Management Program, your data will be stored in our system for up to 365 days so that you can have advance consideration for future job vacancies. In this regard, we will use the data you have provided to contact you by email and/or post and/or telephone. Only if you have granted your express consent in response to our enquiry will your data continue to be stored in our system after the end of this period in order that you can be considered for other future job vacancies.

If sending application documents in paper format without reference to job advertisements in our electronic formats, e.g. as a speculative application, you will receive a summary of this Privacy Policy along with an acknowledgement of receipt of your communication or, at the latest, in the event of a rejection by us.


IV. General information and provisions for Schmack Biogas websites and apps

These provisions apply in addition to the provisions for private users and the provisions for commercial users for Schmack Biogas websites. The websites and apps are, to the fullest extent possible, managed centrally within the Viessmann Group, and this includes the Schmack Biogas websites. Consequently, this section makes direct reference to Viessmann.

Data processing by consulting our websites and using our apps

Viessmann automatically collects information which your browser or the app transmits to us, and saves it in our server log files. Viessmann is unable to assign this data to individual persons. This data is not combined with other data sources. This information consists of:

  • Browser type/version
  • Operating system used
  • Referrer URL (the site previously visited)
  • Host name of the computer accessing our site (v4 and v6 IP address)
  • Time of the server request

The IP address is a globally valid identifier of your computer, uniquely assigned by your internet provider, and in its most common form (IPv4) consists of four blocks of numbers separated by dots, or extended to include additional digits (IPv6). As a private user, you will generally not use a consistent IP address because you only have one temporarily assigned to you by your provider ("dynamic IP address"). In the case of permanently assigned IP addresses ("static IP addresses"), it is technically possible to uniquely allocate user data using this feature.

We process the specified data for the following purposes:

  • To ensure a smooth connection to the website
  • To ensure convenient use of the aforementioned website
  • To evaluate system security and system stability
  • For additional administrative and statistical purposes

Personal data in the server log files is processed on the basis of point (f), Art. 6(1) GDPR. This permission allows the processing of personal data within the scope of the "legitimate interest" of the data controller, unless overridden by your fundamental rights, freedoms or interests. Our legitimate interest is to facilitate administration and be able to detect and track hacking. You can object to this data processing at any time if there are reasons which exist in your particular situation and which make data processing inadvisable. All you need to do is send an email to the data protection officer. Our legitimate interest follows from the purposes listed above for the collection of data. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you as an individual.

The server log files with the aforementioned data are automatically erased after 30 days or, in the case of usage for statistical purposes, are anonymised. We reserve the right to store the server log files for longer if facts are known which imply unauthorised access has been attempted (such as a hacking attempt or a DDoS attack).

Links to external websites

This Privacy Policy applies exclusively to Schmack Biogas websites. These can contain links to the web offerings of third parties. This Privacy Policy does not extend to these web offerings. In the event that you leave Schmack Biogas websites in order to visit the web offering of a third party provider, we recommend that you carefully read the privacy policy of that provider as well.

Information on cookies and use of analysis tools

Our processing of personal data using cookies and analysis tools (list all analysis tools) is based on point (f), Art. 6(1) GDPR. This permission allows the processing of personal data within the scope of the "legitimate interest" of the data controller, unless overridden by your fundamental rights, freedoms or interests. Our legitimate interest is to analyse the use of our website.

The processing of personal data by Google AdWords (list all retargeting technologies) is based on point (f), Art. 6(1) GDPR. This permission allows the processing of personal data within the scope of the "legitimate interest" of the data controller, unless overridden by your fundamental rights, freedoms or interests. Our legitimate interest is the personalised display of targeted advertising and the statistical analysis of the effectiveness of that advertising (e.g. determining how many clicks on an advertising banner led to a purchase on our website).

Viessmann uses cookies at several locations on its websites and in its apps. These are designed to make our website more user friendly, effective and secure. Cookies are small text files which are filed on your computer and saved by your browser. Most of the cookies we use are "session cookies". These are deleted automatically after your visit. Cookies do not cause any damage to your computer and do not contain any viruses.

Viessmann also uses analytical tools for this purpose, e.g. Webtrends or Google Tag Manager (Firebase). The data provided and used is collected and stored completely anonymously. This data may under certain circumstances also be saved outside Germany or the European Union.

In our implementation and use of analysis tools and tracking technologies, we anonymise personal data as quickly as possible either on the provider side, governed by corresponding contracts, or as part of our initial use, so that your right to information cannot be exercised for all of the technologies listed below.

You can prevent such data being transmitted via corresponding settings in your browser or app or in the operating system environment (iOS, Android), but this may lead to problems with retrieval or operation, or with the functionality of the offered content or service in some cases.

Third party cookies

Viessmann uses a number of advertising partners who help to make the internet offering and the websites more interesting. Consequently, cookies from partner companies are also stored on your hard drive when you visit these websites. These are temporary/permanent cookies that are deleted automatically after the specified time. These temporary or permanent cookies (with a life of 14 days to 10 years) are saved to your hard drive and are deleted automatically after the specified time. The cookies from our partner companies contain only pseudonymous, usually anonymous data. This may include data about the products you have viewed, whether you purchased something, which products you searched for, etc.

As part of this, some of our advertising partners collect information about the websites you previously visited or which products you may have been interested in, in order to be able to show you advertising that best matches your interests. This pseudonymous data will at no time be merged with your personal data. Its purpose is solely to allow our advertising partners to show you advertising material that may be of interest to you.

Retargeting technologies

Our websites make use of "retargeting technologies". These technologies are used to make the internet offering more interesting to you. These technologies allow us to display advertisements to internet users on our partners' websites, if they have already shown interest in our shop and our products. We are confident that displaying personalised, interest-related advertising is generally preferable for internet users than advertising without personal reference. The display of advertising material on our partners' websites is based on cookie technology and an analysis of previous user behaviour. This form of advertising is completely pseudonymous. No usage profiles are merged with your personal data.

By using our website, you consent to the use of cookies and, in so doing, to the collection, storage and use of your usage data. In addition, your data is stored in cookies after the browser session has ended, in part so that it can be retrieved again on your next visit(s) to the websites. You can revoke this consent at any time with future effect by rejecting cookies in your browser settings.

Acxiom

Use of personal data for customer analysis and other advertising purposes

To select specific target audiences based on pre-defined criteria and to form and address new ideal target audiences (potential new customers) for the purpose of carrying out advertising activities, Viessmann uses a service provider to analyse the pseudonymised or anonymised data (which can no longer be assigned to a specific person) of relevant interested parties and existing customers.

Using this analysis, we can use advertising accounts on digital platforms to reach the specific target audiences through advertising by comparing the heavily encrypted master data of potential new customers with comparable heavily encrypted master data from pseudonymised Facebook or Google users, in order to display Viessmann advertising campaigns to those users. Viessmann commissions purpose-specific companies to process this data, such as Acxiom Deutschland GmbH, Martin-Behaim Str. 12, 63263 Neu-Isenburg, Germany, for Facebook activities. Acxiom pseudonymises all data of data subjects and, if applicable, acts as a "trusted third party" in the display of advertisements, e.g. on Facebook. On Facebook for example, this processing appears in the advertising preferences under "Companies that have uploaded and shared a list that contains your information."

Personal data for the purpose of customer analysis is processed on the basis of point (f), Art. 6(1) GDPR. This permission allows the processing of personal data within the scope of the "legitimate interest" of the data controller, unless overridden by your fundamental rights, freedoms or interests. Our legitimate interest is in analysis to identify potential new customers and for the aforementioned purposes. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you as an individual. You can object to this data processing at any time if there are reasons which exist in your particular situation and which make data processing inadvisable. All you need to do is send an email to the data protection officer specified below.