1.  INTRODUCTION

In accordance with articles 13 and 14 of  the European Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as “GDPR”,  this Privacy Policy aims to explain in a simple and transparent way what type of personal data we collect about you and how we process it.

2. WHO ARE WE?

The Data Controller is Restart Energy Innovative Technologies AG (hereinafter referred to as “REIT” or ”we”), a limited liability company registered in Zug, Switzerland, having registration number CHE-437.089.054, with its office in Zug, c/o Domanda Verwaltungs GmbH Grafenaustrasse 5, 6302, e-mail: [email protected].     

This privacy policy is addressed to the individuals outside REIT who come into contact with us, including through the website, by purchasing and using our products/ services and through commercial communications. These interactions can be achieved by visitors, customers, business customers, suppliers/ manufacturers, business partners and other people with whom we interact in the course of our activities, hereinafter collectively referred to as “data subjects” or ”you”.

Read this policy carefully to understand our data practices and how we treat them. If you have any questions, you can contact our data privacy representative through the communication channels below:

Restart Energy Innovative Technologies AG, e-mail address: [email protected], contact section on website: www.restartenergy.com.

3. Definitions

Consent – of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. 

Personal data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

Controller – means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Data subject – is any natural person whose personal data is processed in the operations / activities carried out on the website owned by REIT. 

Processor – means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. 

Processing – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4. Principles

The processing of personal data will be done in a legal, correct and transparent manner;

Collection of personal data will only be done for specified, explicit and legitimate purposes, and data will not be further processed in a manner incompatible with those purposes; 

The collection of personal data will be appropriate, relevant and limited to the information required for the purpose of the processing; 

Personal data will be accurate and, where necessary, updated;

All necessary steps shall be taken to ensure that incorrect data is erased or corrected without delay; Personal data will be retained for a period no longer than the one in which personal data is processed, except for the circumstances imposed by law where retention may be necessary and subsequently;

All personal data will be kept confidential and stored in a manner that provides the necessary security;

Personal data will not be shared with third parties unless it is required for the purpose of providing services under agreements;

Persons concerned have the right to request access to personal data, rectification and erasure, impediment or restriction of data processing and the right to data portability. 

5. Type of personal data processed

We may process the following types of personal data: contact details (name, surname, email address, country)

6. Purposes of processing

Our primary goal in collecting personal information is to provide you with a safe, efficient and personalized experience. We use personal information to create, develop, operate, deliver and improve our services. 

Also, REIT considers the following purposes for which your data is processed: 

To communicate with you. 

To reply to the messages you may send us.

To comply with legal and regulatory requirements. 

7. Legal basis for processing

The legal basis for processing your personal information will depend on why we process your information. 

If you agree to the Site Terms and Conditions to receive services from us, we will process your personal information to enable us to complete / execute the contract with you. If you do not provide the requested personal information, you may not we can offer some or all of these services for you. 

If you use our site, we will process your personal information collected by using cookies, in accordance with our cookie policy, available at www.restartenergy.com.

It is also possible to process personal information to comply with legal obligations. 

If you have given your consent to direct marketing / subscription to the newsletter, we will use relevant personal information to enable us to provide you with personal information about products, news and services that may be of interest to you. To this end, we may periodically send you marketing materials via mail, e-mail, phone, SMS or other e-mail services. 

8. Disclosure of personal data

It is possible to share the required part of your personal data only to the extent that it is only necessary for the following third-party categories: 

(a) companies that offer us products and services, such as: (i) media agencies, such as those that organize promotional campaigns and those who administer the website; (ii) Internet services: analysis, advertising; (iii) Infrastructure Agents (third parties who manage the newsletter received by email, SMS marketing or other marketing, user assistance activities).

(b) Companies involved in the operation of our website;

(c) Other parties such as public authorities and institutions, accountants, auditors, lawyers and other external professional counselors, if their activity requires their knowledge or where the law requires us to divulge them.

We will also disclose your personal information to third parties:

(a) In case you request or give us permission to do so;

(b) Persons who can demonstrate that they have the legal authority to act on your behalf;

(c) If it is our legitimate interest to do so in order to manage, expand or develop the commercial activity:

(d) If we have an obligation to disclose your personal data to comply with a legal obligation, any legal request from governmental or executive authorities and as may be necessary to meet certain national security or enforcement requirements law or to prevent certain illegal activities;

(e) To respond to any claim, to protect our rights or a third party, to protect the safety of any person or to prevent any illegal activity;

(f) To protect the rights, property or safety of REIT, its employees or others.

9. Keeping personal data

REIT takes all necessary steps to ensure that your personal data is processed only for the minimum period required for the purposes set forth in this Privacy Policy. The criteria for determining how long your personal data is stored are: 

(a) REIT will keep copies of your personal data in a form that permits identification only as long as:

(i) we maintain an ongoing relationship with you (for example, if you are included in our email list and have not unsubscribed);

(ii) your personal data is required in connection with the purposes set forth in this Privacy Policy and we have a valid legal basis;

(b) In addition, if relevant legal actions are being formulated, we may continue processing your personal data for such additional additional time in relation to that claim / action.

After the end of the periods in (a), (b) above, each to the extent applicable, we will (i) erase or definitively destroy the relevant personal data, or (ii) we will anonymize the relevant personal data.

Your personal data will be retained after the period referred to in (a) and (b) above only if it is ordered by internal law and only for the period of time provided for by these regulations, the basis being the legal obligation.

10. Security of personal data

We use appropriate measures to maintain the confidentiality and security of your personal data. However, please be aware that these safeguards do not apply to the information you choose to distribute in the public domain, such as social networks owned by third parties. 

Your personal data will be processed by our authorized staff or agents only to the extent they are required to know, depending on the specific purposes for which your personal data was collected.

We store your personal data in operating environments that use reasonable security measures to prevent unauthorized access. We respect reasonable standards for the protection of personal data.

It is important for you to play a role in maintaining the security of your personal data. When logging in to an online account, please make sure you choose an account password that will be difficult to guess by others, and you will not pass your password to any other person. You are responsible for maintaining the confidentiality of this password and for any use of your account. If you are using a multi-user or a public computer, never choose the option to store the login / email address or password, you will be logged out of your account every time you leave your computer.

11. Minors

We do not request and do not knowingly collect personal data from children under the age of 18. If we find that we have unintentionally collected personal data from a child under the age of 18, we will promptly delete the child’s personal data from our records.

Persons who have not reached the age of 18 are not allowed to request services or any communications on the REIT site.

Also, any person who provides us with personal data through the site or other applications or devices covered by this Policy warrants that it is major and has full exercise capacity.

12. Data subject’s rights

The right to be informed, access (the data subject has the right to obtain from REIT a confirmation that personal data concerning him / her are processed or not, and, if so, he / she has the right to access the data).

This right may be limited or refused, the reason for the refusal or limitation being communicated to the person concerned.

Right of rectification (the data subject has the right to obtain, without undue delay, the rectification of inaccurate personal data concerning him / her). Taking into account the purposes for which the data were processed, it is entitled to obtain the completion of personal data that is incomplete, including by providing an additional statement.

The right to erase data (in situations where (1) the data are no longer necessary for the fulfillment of the purposes, (2) the consent has been withdrawn and there is no other legal basis for the processing, (3) the person opposes the processing and there are no legitimate reasons (4) personal data have been processed unlawfully, the person has the right to obtain the deletion of the data relating to him / her without undue delay).

This right may be limited or refused, the reason for the refusal or limitation being communicated to the person concerned.

The right to restrict processing – the data subject has the right to restrict the processing in the following situations:

(i) contest the accuracy of the data for a period that allows the operator to verify the accuracy of the data;

(ii) the processing is illegal and the person concerned opposes the deletion of personal data, but instead calls for the restriction of their use;

(iii) no personal data is required for processing, but the data subject requests them for the establishment, exercise or defense of a right in court;

(iv) the data subject opposed to the processing, for the period of time to verify that the legitimate interests of the operator prevail over the rights of the person. 

The user has the right to oppose at any time data processing for direct marketing purposes, not to be subject to the automated decision making process, including profiling – does not have this right if the decision:

(i) is required to conclude or execute a contract between the person concerned and the REIT;

(ii) is authorized by Union or national law applicable to REIT and which also provides for appropriate measures to protect the legitimate rights, freedoms and interests of the data subject;

(iii) is based on the explicit consent of the data subject

Right to data portability – the data subject has the right to receive the personal data which he regards and which he has provided in a structured, commonly used and readable form and has the right to request REIT to transmit this data to another operator, without obstacles from REIT, if the following conditions are met cumulatively:

(i) processing is based on consent or contract and

(ii) processing is carried out by automatic means, in particular if this is technically feasible

The right to oppose automated individual decisions and profiling – if you wish to oppose any profiling activity, please contact us using the information above.

The right to file a complaint with REIT – the data subject may file a complaint if he / she is unhappy with the processing of his or her personal data or with the way of responding to its request.

Right to file a complaint with the Supervisory Authority – the data subject has the right to file a complaint with the National Supervisory Authority for Personal Data Processing if he is dissatisfied with the processing of his personal data. 

Right to address to justice – the data subject has the right to appeal to competent courts if he is unhappy with the processing of his or her personal data.

Data subject enjoys these rights, irrespective of the legal basis of the processing of his data.

13. Cookies and other similar technologies

See our cookies policy at www.restartenergy.com to learn how to manage your cookie settings and detailed information about the cookies we use and the purposes we use them.

14. Personal data transfer

Keeping and processing your personal data as described above may require the transfer of your personal data and / or storage to a destination outside your country of residence to countries within the European Union (the “EU “) Or the European Economic Area (” EEA “). (such as, for example, service providers).

Before doing so, we will take the necessary steps to ensure that your personal data will benefit from adequate protection, in accordance with the relevant privacy laws and internal policies of the REIT.

Your data may be transferred outside the EEA / EU. Transferring your data outside of the European Union is mainly due to the location of our subcontractors. In order to provide you with a quality service, we have decided to outsource certain operations to specialized service providers who have a relevant experience in their areas (for example: IT hosting). Some of these providers are established outside the EEA / EU, for example the United States.

If the transfer of personal data will also be made to countries outside the European Economic Area and none of the following situations apply: you have expressly expressed your consent to the transfer of data, the transfer is necessary for the execution of a contract between you and the operator, the transfer is necessary for the conclusion of a contract or the execution of a contract concluded in your interest, it is important for reasons of public interest necessary for the establishment, exercise or defense of a court law necessary to protect your vital interests; other persons when you do not have the legal capacity to express consent, the transfer is made from a register that is intended to provide information to the public, the transfers will take place either on the basis of appropriateness decisions issued by the Commission, or if the State in which they will be transferred offers adequate safeguards.

We therefore inform you that your personal data may also be stored and processed in countries outside the European Economic Area for one of the following reasons: the transfer is necessary for the execution of a contract between you and the operator, the transfer is necessary to conclude a contract or to execute a contract in your interest is important on public interest grounds necessary for the establishment, exercise or defense of a court law necessary to protect your vital interests or other persons when you are not you have the legal capacity to express your consent, the transfer is made from a register that aims to provide information to the public.

15. Miscellaneous

Our site may contain links from time to time to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we are not responsible and can not be held responsible for these policies. Please check these policies before submitting personal data to these websites.

We also can offer you the ability to connect through social networking sites. If you do so, please be aware that you will share your profile information according to the settings of your social media platform. Go to the relevant social platform and review its privacy policy to understand how your personal data is shared and used in this context.

16. Changes to this policy

If we make changes to the way we handle your personal information, we will update this privacy policy. We reserve the right to make changes to our practices and policies at any time. Please check our site regularly to see any updates or changes to our confidentiality policy.

Restart Energy Innovative Technologies AG