Privacy Policy

The protection of personal data is a matter of particular importance to AGGM Austrian Gas Grid Management AG, Floridsdorfer Hauptstraße 1, 1210 Vienna, Austria (hereinafter also referred to as "AGGM").

In accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 (hereinafter referred to as "GDPR") and the national data protection laws applicable to AGGM, AGGM by means of this Privacy Policy informs you about your personal data being provided to or, respectively, gathered by AGGM as well as how and on what basis such personal data is being processed by AGGM.

For the purposes of this Privacy Policy, the terms used herein shall have the meaning given to them by the GDPR.

 

1. Controller

AGGM is the Controller of personal data referred to under item 2 below within the meaning of the GDPR, as far as the context does not indicate otherwise.

 

2. What personal data does AGGM process for which purpose and on which legal basis?

AGGM processes the following personal data for the respective purposes and based on the respective legal basis as specified below.

 

2.1 Operation of the AGGM Website

As part of the operation of this website, AGGM processes personal data relating to identified or identifiable natural persons in connection with (i) registrations through this website, (ii) the use of cookies, (iii) generating access- and usage statistics, and (iv) browsing this website, as follows:

2.1.1 For registrations through this website AGGM will process those personal data requested from you through a registration form, such as the surname, first name, postal address, e-mail address, telephone number and other personal data.

The personal data is being processed for the purposes related to the respective registration. The legal basis for the processing of the personal data is your consent pursuant to Art. 6 (1) lit. a GDPR, submitted by you to AGGM together with your registration.

2.1.2 AGGM also uses so-called cookies. Cookies are small text files which store a website in the browser of a computer, mobile device or other electronic device used for internet searches. Cookies automatically collect technical information which allow the identification of the user of the website, such as the IP address, the type of internet browser used for navigation on the AGGM site, the operating system, the domain name or the domain host through which the user visits the website. The purpose of cookies is in particular (i) to remember users' actions and custom settings, (ii) to ensure the functioning of the website and to improve its performance, for example to allow system administration or to prevent fraudulent activities when logging into secure areas of our website, (iii) to help website visitors in the execution of tasks without re-entering them when moving from one website to another or when visiting the website later, (iv) for online behavioral targeting and to display ads that could be relevant due to previous searches of the user. In case you do not want to accept cookies, you have the possibility to reject them and to prevent the access to previously stored information by configuring your Internet browser accordingly.

Insofar as AGGM uses cookies and thereby processes personal data the legal basis is the legitimate interests of AGGM pursuant to Art. 6 (1) lit. f GDPR, in particular to ensure the functioning of the website, to improve its performance and to facilitate its use, or respectively Art. 6 lit. a GDPR, if you have given your consent to the use of cookies.

2.1.3 This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses cookies to analyze the use of the website by the website user. In doing so the following personal data is being processed: IP address. You can prevent the collection of data by Google Analytics by downloading and installing the Google Analytics Opt- Out browser plugin: 

Browser-Plugin: http://tools.google.com/dlpage/gaoptout?hl=de

The IP address transmitted as part of Google Analytics by a website visitor's browser is not being merged with other data of Google. For more information about Google's terms of service and privacy, please visit https://www.google.com/intl/en/policies/.

The legal basis for the use of Google Analytics is your consent in accordance with Art. 6 (1) lit. a GDPR.

2.1.4 By browsing this website, automatic information will be sent to and temporarily stored on the server of AGGM. In doing so, AGGM processes in particular the following personal data: IP address.

The legal basis is the legitimate interests of AGGM pursuant to Art. 6 (1) lit. f GDPR, in particular to optimize the website and to protect it from attacks, damages and other impairments.

Purpose

Legal Basis

Registrations via the AGGM website

Art. 6 (1) lit. a GDPR (consent). If you have given your consent to the processing of your personal data, your personal date will be processed only for the purposes only to the extent set out therein. You can withdraw your consent at any time with effect for the future.

Usage of cookies

Art. 6 (1) lit. f GDPR (legitimate interests).

Art. 6 (1) lit. a GDPR (consent). If you have given your consent to the processing of your personal data, your personal date will be processed only for the purposes only to the extent set out therein. You can withdraw your consent at any time with effect for the future.

Generating access and usage statistics

Art. 6 (1) lit. a GDPR (consent). If you have given your consent to the processing of your personal data, your personal date will be processed only for the purposes only to the extent set out therein. You can withdraw your consent at any time with effect for the future.

Browsing the AGGM website

Art. 6 (1) lit. f GDPR (legitimate interests).

 

2.2 Answering your questions, requests or complaints

In connection with your questions, requests or complaints, AGGM processes the personal data you provide to AGGM in or through your correspondence, depending on the means of communication you use to contact AGGM, such as first and last name, e-mail address, fax or telephone number and other Information.

Your personal data is being processed to provide you with answers to your questions, requests or complaints.

The legal basis is the legitimate interests of AGGM pursuant to Art. 6 (1) lit. f GDPR, in particular to be able to provide you with answers to your questions, requests or complaints.

Purpose

Legal Basis

Answering your questions, requests or complaints

Art. 6 (1) lit. f GDPR (legitimate interests), in particular to provide you with answers to your questions, requests or complaints.

 

2.3 Direct communication and direct marketing

2.3.1 In the context of direct communication AGGM processes the following personal data: name, position within the organization of your company, address, email address, telephone and fax number.

The person data is being processed for the purpose of providing you with information about the services and activities of AGGM which are closely connected to the fulfillment of contractual and / or statutory obligations of AGGM or derive thereof, in particular AGGM's Urgent Market Messages, crisis information, public consultations of AGGM, information on reports and changes to the regulatory framework relevant to market participants, changes in contact persons, the content of and publications on the AGGM platform.

The legal basis for processing your personal data is (i) Art. 6 (1) lit. b GDPR, to the extent that the processing of personal data is related to the fulfilment of a contract or, respectively, the execution of pre- or post-contractual measures, (ii) Art. 6 (1) lit. c GDPR, to the extent that the processing of personal data is required for to fulfill legal obligations, in particular under the Austrian Gas Act (Gaswirtschaftsgesetz 2011) or the Austrian Energy Management Act (Energielenkungsgesetz 2012), (iii) a legitimate interest of AGGM pursuant to Art. 6 (1) lit. f GDPR, to the extent that the processing of personal data relates to the functions the AGGM as market area manager or, respectively, distribution area manager, including the provision of market relevant Information.

2.3.2 In the context of direct marketing AGGM processes the following personal data: name, position within the organization of your company, address, email address, telephone and fax numbers. The personal data is being processed for the purpose of providing you with information about additional services and activities of AGGM, such as through the AGGM Newsletter, invitations to AGGM events and other activities of AGGM.

The legal basis for the processing of your personal data is your consent pursuant to Art. 6 (1) lit. a GDPR.

Purpose

Legal Basis

Direct Communication: Information about the services and activities of the AGGM, which are closely connected to the fulfillment of contractual and / or statutory obligations of AGGM or derive thereof, in particular AGGM's Urgent Market Messages, crisis information, AGGM public consultations, information on reports and changes to the regulatory framework relevant to market participants, changes in contact persons, the content of and publications on the AGGM platform.

Art. 6 (1) lit. b GDPR (contract performance, including pre- and post-contractual measures), to the extent related to the fulfilment of a contract or, respectively, the execution of pre- or post-contractual measures.

Art. 6 (1) lit. c GDPR (fulfilment of legal obligations), to the extent required for the fulfillment of legal obligations of AGGM.

Art. 6 (1) lit. f GDPR (legitimate interests), to the extent related to the functions the AGGM as market area manager or, respectively,  distribution area manager.

Direct Marketing: Information on other services and activities of the AGGM, such as the AGGM Newsletter, invitation to AGGM events and other activities of AGGM.

Art. 6 (1) lit. a GDPR (consent). If you have given your consent to the processing of your personal data, your personal date will be processed only for the purposes and to the extent set out therein. You can withdraw your consent at any time with effect for the future. For the withdrawal of your consent regarding direct marketing, you can also use the electronic deregistration option provided to you in the respective direct marketing communication.

 

2.4 Surveys, market- and customer satisfaction studies and customer feedback

If you decide to participate in surveys, market- or customer satisfaction studies of AGGM or to provide feedback on services or activities of AGGM, AGGM processes the personal data provided by you to AGGM, such as name, information on your preferences and habits or other personal data. 

Your participation in such surveys, studies or feedback is voluntary. You therefore have the choice of whether you are willing to provide AGGM with the aforementioned personal data by completing participation forms, e.g. on the AGGM website or similar forms as used in the respective surveys, studies or feedbacks. This personal data will be processed for the purpose of communicating with you on the occasion of your participation in the aforementioned surveys, studies or feedback.

The legal basis for processing the personal data is (i) Art. 6 (1) lit c GDPR, to the extent that the processing of personal data is required for the fulfill legal obligations of AGGM in particular under the Austrian Gas Act (Gaswirtschaftsgesetz 2011) or the Austrian Energy Management Act (Energielenkungsgesetz 2012), or, respectively, (ii) the legitimate interest of AGGM pursuant to Art. 6 (1) lit. f GDPR, to the extent that the processing of personal data relates to the functions the AGGM as market area manager or, respectively, distribution area manager, including the understanding of the needs and expectations of customers regarding the services and activities provided by AGGM.

Purpose

Legal Basis

Surveys, market- and customer satisfaction studies and feedback from clients regarding the services and activities provided by AGGM.

Art. 6 (1) lit. c GDPR (fulfillment of legal obligations), to the extent required for the fulfillment of legal obligations of AGGM.

Art. 6 (1) lit. f GDPR (legitimate interests), to the extent related to the functions the AGGM as market area manager or, respectively, distribution area manager.

 

2.5 Contracts

In connection with the conclusion, execution and termination of contracts, including pre- and post-contractual measures, the AGGM processes the following personal data: name, position within the organization of your company, address, email, fax and telephone number.

The person data is being processed for the purpose of the conclusion, execution and termination of a contract, including pre- and post-contractual measures, specified further by the purpose and the potential provisions of the respective contract as well as any general terms and conditions.

The legal basis for the processing of your personal data is pursuant to Art. 6 (1) lit. b GDPR the performance of a contract or, respectively, the execution of pre- and post-contractual measures.

Purpose

Legal Basis

Conclusion , execution and termination of a contract, including pre- and post-contractual measures.

Art. 6 (1) lit. b GDPR (contract performance, including pre- and post-contractual measures).

 

2.6 Fulfillment of legal obligations

In connection with the fulfillment of legal obligations, in particular due to the functions of the market- and distribution area manager, AGGM processes the personal data required for these purposes.

The legal obligations, and with them, the nature of the personal data being processed result inter alia of the provisions of the following laws and regulations: (i) E-Control Act (E-Control Gesetz), (ii) Austrian Gas Act (Gaswirtschaftsgesetz 2011) and related regulations, (iii) Austrian Energy Management Act (Energielenkungsgesetz 2012) and related regulations, (iv) Austrian Market Rules (Sonstige Marktregeln, published on the website of E-Control Austria under www.e-control.at).

 Purpose

Legal Basis

Fulfillment of legal obligations, particularly due to the functions of the market- and distribution area manager.

Art. 6 (1) lit. c GDPR (fulfillment of legal obligations).

 

3. Automated decision making, including profiling

Your personal data will not be used by the AGGM for automated individual decision-making, including profiling, pursuant to Art. 22 GDPR.

 

4. Transfer of personal data

In connection with (i) the operation of this website, in particular registrations through this website, the use of cookies, the generation of access- and usage statistics and the browsing of this website, (ii) your questions, requests or complaints, (iii) direct communication and direct marketing, (iv) the participation in surveys, market- or customer satisfaction studies of the AGGM or providing feedback regarding services or activities of AGGM, (v) the conclusion, execution and termination of a contract, including pre- and post-contractual measures, (vi) the fulfilment of legal obligations, in particular with regards to the functions of the market- or, respectively, distribution area manager, AGGM shall have the right to transfer your personal data to its processors as well as to courts and authorities, in compliance with the provisions of the GDPR and the national data protection laws applicable to AGGM.

Personal data is being transferred for the purposes and on the legal basis allocated to the respective purposes outlined under item 2 above.  The transfer of personal data to a processor of AGGM will be supplemented by a data processing agreement within the meaning of Article 28 GDPR.

To the extent that in individual cases AGGM should transfer personal data to countries outside the EU or the European Economic Area (EEA), such transfer shall be in accordance with the requirements of the GDPR.

 

5. How long does AGGM store your personal data?

5.1 Subject to item 5.2, AGGM will store your personal data in principle for the duration of the existing business relationship with you.

5.2 In addition, AGGM will store your personal data for such period required due to statutory retention obligations. Statutory retention obligations arise, for example, from the Austrian Federal Fiscal Code (Bundesabgabenordnung) or the Austrian Corporate Code (Unternehmensgesetzbuch). The general retention period specified thereunder is seven years, subject to prolongation of such period in exceptional cases due to and for the duration of a pending judicial or administrative proceeding. Moreover, there are further legal obligations which might require a longer retention of personal data. Thus, the general limitation period pursuant to § 1478 Austrian Civil Code (Allgemeins Bürgerliches Gesetzbuch) is thirty years, which in certain cases may be shortened to three years. 

5.3 AGGM deletes your personal data, as far as (i) you have withdrawn your consent for processing your personal data, and (ii) they are no longer required for the performance of a contract, including pre- or post-contractual measures, or for the fulfilment of legal obligations or due to a legitimate interest of AGGM pursuant to Art. 6 (1) lit. f GDPR, and (iii) no statutory retention obligations apply.

 

6. Security of data processing

AGGM will use appropriate technical and organizational measures to protect your personal data against unauthorized access, unlawful processing, loss, and unauthorized deletion.

 

7. Rights of the data subject

As part of processing your personal data, you have the following rights in accordance with the provisions of the GDPR:

7.1 The right to information pursuant to Art. 15 GDPR: You have the right to receive a confirmation as to whether your personal data is processed. If so, you have a right to be informed of those personal data. Otherwise you will respectively receive a negative-information.

7.2 The right to rectification of your personal data pursuant to Art. 16 GDPR: You have the possibility to request the rectification of inaccurate personal data and, respectively, to have incomplete personal data completed.

7.3 The right to erasure of your personal data pursuant to Art. 17 GDPR: You have the right to obtain the erasure of your personal data without undue delay where reasons for erasure pursuant to the GDPR apply, subject to any exemption from the right to erasure pursuant to the GDPR.

7.4 The right to restriction of processing of your personal data pursuant to Art. 18 GDPR: You have the right to request the restriction of processing under the conditions specified in the GDPR.

7.5 The right to withdraw your consent to data processing pursuant to Art. 7 GDPR: In case your personal data is being processed due to your consent, you have the right to withdraw your consent to such data processing at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

7.6 The right to object pursuant to Art. 21 GDPR: You have at any time the right to object, on grounds relating to your particular situation, to the lawful processing of your personal data in those cases further specified in the GDPR.

7.7 The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you (Art. 22 GDPR).

7.8 The right to data portability pursuant to Art. 20 GDPR: If the processing of your personal data is based on your consent and the processing is carried out by automated means, you have the right to receive your personal data in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from the controller to which the personal data have been provided.

 

8. Exercising the rights of the data subject

The exercise of the aforementioned rights is possible at any time.

To exercise your rights, please contact: AGGM Austrian Gas Grid Management AG, Floridsdorfer Hauptstraße 1, 1210 Vienna, Austria, email: datenschutz@aggm.at. For the withdrawal of a consent regarding direct marketing pursuant to item 2.3.2 above, you can also use the electronic deregistration option provided to you in the respective direct marketing communication.

In order to ensure the protection of your rights and your privacy, you are asked to submit together with your request a copy of a valid official identification document bearing a photograph (e.g. passport, identity card or driver's license) for proof of your identity. Even if AGGM makes the best possible effort to protect and maintain the integrity of your personal data, disagreements about the way AGGM processes your data may not be entirely excluded. If you believe that AGGM processes your data in an improper manner, it is your right to appeal to the competent authority, in Austria the Austrian Data Protection Authority (Datenschutzbehörde), Wickenburggasse 8 - 10, 1080 Vienna, Austria, email: dsb@dsb.gv.at.

 

9. Changes to this Privacy Policy

This privacy policy may be changed or, respectively, be updated by AGGM at any time, if considered appropriate or necessary by AGGM. AGGM will keep you informed of any significant changes or updates to this privacy policy, e.g. through the AGGM newsletter.

 

10. Contact

In case of any questions concerning data protection, please don’t hesitate to contact the Data Protection Officer of AGGM under the following contact details: AGGM Austrian Gas Grid Management AG, Data Protection Officer, Floridsdorfer Hauptstraße 1, 1210 Vienna, Austria, email: datenschutz@aggm.at.