Privacy policy EN US

Privacy Policy

This Privacy Notice informs you about how Fox ESS processes your personal data (also „Data“) in connection with your visit to this website in general and your use of individual features on the website, as well as your participation in the Fox ESS Rewards Program and Photo Contest.

In other contexts, other data protection notices apply to you. We will inform you about these separately.

When we talk about „data“ in the following, we mean all information that relates to an identified or identifiable living person (i.e. you). Data that has been anonymized in such a way that the data subject cannot be identified or can no longer be identified (anonymous data) is no longer considered personal data.

From time to time, we may need to change or update this Privacy Notice. Therefore, please read this privacy notice at regular intervals.

I. Responsible

for the purposes of this privacy notice is the controller:

Fox ESS Germany GmbH,
Vogelsanger Weg 111,
40470 Düsseldorf, Germany
E-mail: Welcome@fox-ess.com.

II. Content of this data protection notice

We inform you about the following in this privacy notice:

  • what data we process, for example, in the course of your visit to our website and participation in the Fox ESS Rewards Program and Photo Contest;
  • the purposes and legal basis of the processing;
  • to whom we transfer your data;
  • Whether the provision of your data is mandatory and consequences of not providing it;
  • Your data subject rights and how you can exercise them;
  • the duration of the processing;
  • our general security measures; and
  • Cookies and similar technologies.

III. categories of data

We process the following data in the course of your visit to our website:

1. if you participate in the Fox ESS Reward Program and Photo Contest.

We collect and process data when you participate in our Fox ESS rewards program and photo contest. This concerns the following data, as far as provided by you:

  • Photo and video data that depicts your installation of Fox ESS products and may include personally identifiable information (such as the image of a natural person or your voice)
  • Your information in the Fox ESS Rewards Program and Photo Contest Entry Form, if personal, namely:
    – date of installation
    – System size: photovoltaic in „kilowatt peaks“
    – Inverter and/or storage type
    – Serial number of the inverter and/or battery

2. when you access our website

Each time you visit our website, your Internet browser automatically transmits certain information to the server of our website and stores it temporarily in so-called log files.

We use Internet log data to improve the usability, performance, and security of our surveys and other solutions, and for quality assurance purposes.

The following Internet protocol data is automatically transmitted:

  • IP address of your terminal device;
  • Name of the accessed files and content;
  • Date and time and duration of the website visit;
  • Volume of data transferred;
  • Operating system and Internet browser, including installed add-ons and other technologies of the access device;
  • Internet address of the website from which the online offer was accessed (so-called origin or referrer URL); and
  • Name of the service provider that provides access to our website.

In the log files, the above data is stored with the shortened IP address, so that no inference to your IP address is possible.

3. if you provide us with data yourself

We process data that we receive from you when you

  • Fill out contact forms or otherwise communicate with us, whether by email, regular mail, or telephone;
  • create a user account;
  • make use of our products or services on the Website (such as our forum on the Website or our „Academy“ on the Website, where you can access lectures and participate in workshops),
  • enter into a contract with us;
  • Request marketing materials;
  • participate in a customer satisfaction survey;
  • give us feedback or contact us.

This concerns the following data, if provided by you:

  • Contact and identification data (title, gender, name, address, date, place, country and name of birth, nationality, telephone numbers, other contact details and email address, job information, employer, postal / billing / delivery address);
  • Financial transaction data (bank account and credit card information, payment information, for products or services purchased from us);
  • Contract data (contract identifier, contract history, contract content);
  • User data (e.g. email, password, username or similar identifier, preferred settings, feedback);
  • Data from the contact form (data provided by you in the form as well as your contact data provided to process your request);

4. marketing and newsletter data

If you consent to receive newsletters or other marketing materials, in addition to the aforementioned data, we will also process

  • Your e-mail address and contact and identification data;
  • Marketing communication data such as your selected preferences for receiving marketing materials and preferred communication channels;
  • the date and time of registration and confirmation;
  • Internet protocol data;
  • Web beacons, tracking pixels and Individual User ID to customize/personalize marketing content to your interests (including frequency of views of marketing emails).

IV. Legal basis and purposes of processing

We process your data on the basis of the following legal grounds:

  • Consent: You have given your consent to the processing of data concerning you for one or more specific purposes (Art. 6 para. 1 lit. a DSGVO);
  • Fulfillment of contract and implementation of pre-contractual measures: The processing is necessary for the performance of a contract with you, or for the performance of pre-contractual measures, which are carried out at your request (Art. 6 para. 1 lit. b DSGVO);
  • Legal obligation: Processing is necessary for compliance with a legal obligation to which we are subject (Art. 6 para. 1 lit. c DSGVO);
  • Legitimate interest: Processing is necessary to protect the legitimate interests of Fox ESS or a third party, unless such interests are overridden by your interests or fundamental rights and freedoms which require the protection of your data (Article 6(1)(f) DSGVO).

In the following, we inform you in detail about the processing purposes and the associated legal basis:

PurposeLegal basis
Your acceptance as a participant in the FoxESS Rewards Program and Photo Contest and for its implementation and processing.fulfillment of the contract and, in addition – if you have given us your consent
Providing our website and its individual functions to the general public and for the purpose of contacting customers and interested partiesContract performance or legitimate interest (Fox ESS’s interest in providing a functional website).
Collection of statistical information about the use of our website (so-called web analysis)Consent or legitimate interest (interest of Fox ESS to receive information about the use of our website, e.g. to improve our website).
Investigating malfunctions and ensuring system security, including detecting and tracking unauthorized access attempts and accesses to our web serversFulfillment of legal obligations for data security; legitimate interest (interest of Fox ESS in system security, in particular troubleshooting and elimination of unauthorized access).
Communicating with you as a business partner (e.g., regarding Fox ESS products and services, policies and terms and conditions, feedback, and other inquiries).Contract fulfillment and implementation of pre-contractual measures, legitimate interest (interest of Fox ESS to process your feedback and other requests).
Provision and manage your user accountsContract performance if they participate in the Fox ESS Rewards Program and Photo Contest or our legitimate interest (Fox ESS’s interest in offering you a user account).
Personalized email advertisingConsent or, in the case of existing customer advertising, our legitimate interest (interest of Fox ESS in existing customer advertising pursuant to Section 7 (3) UWG) Note: We process marketing and newsletter data in order to evaluate your user behavior and to individualize the marketing content for you. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. For the evaluations, we link the aforementioned data and the web beacons with your e-mail address and an individual ID. Links contained in the newsletter also contain this ID.
Assertion of legal claims and defense in legal disputesLegitimate interest (Fox ESS’s interest in asserting, enforcing claims or defending legal disputes).
Purposes of prevention, detection, reporting of crimes, e.g. fraud, e.g. credit card misuse, identity deception.Weighing of interests (Fox ESS‘ interest in criminal investigation and prosecution).
Conducting corporate transactions that involve the sale, transfer, disposition or disclosure of all or a portion of our business or assets to another company. If another company acquires our company, business or assets, that company will own the personal information we collect and will assume the rights and obligations with respect to your personal information as described in this noticeLegitimate interest (Fox ESS’s interest in selling its own business to a third party) or, to the extent required by law, your consent to the transfer to the acquirer.

V. Receiver

We may transfer your data to our affiliated company FoxESS Netherlands B.V. in the Netherlands. Within the Fox ESS Group, only employees and departments with a „need to know“ will have access to your data and only to the extent necessary. With respect to the transfer of your data within the Fox ESS Group, we and FoxESS Netherlands B.V. are each independent data controllers.

We may transfer your data to recipients outside the Fox ESS Group who are usually processors. This includes the following categories of recipients:

  • service providers for the operation of our website (SiteGround Hosting Ltd., 7th floor, 50 Broadway, London SW1H 0DB, England) and the operation of the Fox ESS rewards program and contest, including the sending of prizes or the sending of email communications to participants in general (KleinS Marketing & Event GmbH, Grupellostraße 27, 40210 Düsseldorf, Germany) or other service providers for the processing of data stored or transmitted by our IT systems (e.g., hosting or service providers for data center services or our IT security service providers);
  • Consultants and service providers, as independent controllers or joint controllers with us (e.g. insurance companies or accounting service providers);
  • Persons who are bound to professional secrecy or confidentiality, for example lawyers, tax consultants and auditors;
  • Government agencies/authorities, insofar as this is necessary to fulfill a legal obligation;
  • recipients in the course of any restructuring, merger, sale or other transfer of assets. We will then ensure that the recipient of your data agrees to handle it in a manner that complies with applicable data protection law and is compatible with the original purposes of the processing. We continue to ensure the confidentiality of your data and inform data subjects about the transfer to another controller.

To the extent that we engage third-party providers (including processors), these recipients are subject to contractual obligations (e.g., under a contract processing agreement). These processors will only process your data in accordance with our prior written instructions and must take measures to protect the confidentiality and security of your data.

VI. transfers of data outside the EU/EEA

We host our website on servers in England, so there may be transfers of your data to recipients outside the European Union (EU) and/or the European Economic Area (EEA) („Third Countries“) in connection with your visit to the website and, in particular, your participation in the Fox ESS Rewards Program and Photo Contest. A transfer of your data to a Third Country may be made if the European Commission has determined that the Third Country in question (in this case, England) provides an adequate level of protection. The European Commission has issued such an adequacy decision for the United Kingdom, which means that England is considered a safe third country. No special (official) authorization is required for these transfers.

Otherwise, we do not intend to transfer your data to other companies within the Fox ESS Group or to other third parties in third countries.

VII Are you obliged to provide your data?

In principle, you are not obliged to provide us with your data. However, if you do not do so, you will not be able to participate in the Fox ESS Rewards Program and Photo Contest. In addition, we may only be able to provide you with limited information on our website or not be able to answer your inquiries. If the processing of your data is necessary for the performance of a contract between you and us, and you do not provide the required information, we may not be able to fulfill our contractual obligations to you.

VII. Your data subject rights

You have the following rights with respect to your data, provided that the respective legal requirements are met:

  • Right of access and right to receive a copy of your data, Art. 15 DSGVO
  • Right to rectification, Art. 16 DSGVO
  • Right to erasure („right to be forgotten“), Art. 17 GDPR
  • Right to restriction of processing, Art. 18 DSGVO
  • Right to data portability, Art. 20 DSGVO
  • Right to object, Art. 21 DSGVO: You have a general right to object if we process your data on the basis of our legitimate interest. This right to object only exists for reasons arising from your particular situation. This means that you must always give reasons for your objection, and the reasons for the objection must not result from the processing situation as such, but must be justified in your person. Your objection leads to a weighing of interests. If we cannot demonstrate compelling reasons worthy of protection that outweigh your interests, or if the processing does not serve the assertion, exercise or defense of legal claims by us, we may no longer process your data for these purposes as a result of your objection.

In addition, you have the right to object to the processing of your personal data for direct marketing purposes at any time.

Revocation of consent: You may revoke any consent you have given us at any time with future effect by contacting us at the contact information provided to you herein.

Right of appeal: In the event of a (suspected) breach of applicable data protection laws, you may lodge a complaint with the data protection supervisory authority.

We do not use exclusively automated processes to make individual decisions about you (Art. 22 DSGVO).

Processing time: We will comply with your request within 30 days. This deadline may be extended by another two months if necessary, taking into account the complexity and number of requests. FoxESS will notify you of any extension of time, together with the reasons for the delay, within one month of receipt of the request. We will always implement your possible right of withdrawal without delay within the scope of our legal obligation.

IX. Duration of the processing

We will process your data only for as long as is necessary to achieve the purposes set out above (i.e., generally until the final settlement of the Fox ESS Rewards Program and – if applicable to you – also for as long beyond the termination of the Fox ESS Rewards Program as you remain a member of our community and use, for example, the forum or the „Academy“ on the website).

Third parties engaged by us will store your data on their systems for as long as is necessary in connection with the provision of services for us in accordance with the respective order. We will delete or anonymize your data as soon as it is no longer required for the purposes described in this data protection notice and we have no legal basis for further storage.

Please note that the storage period may be extended beyond this if we are subject to statutory retention and documentation obligations (for Germany, these are up to ten years). The storage period may also depend on the statutory limitation periods (for Germany, this is up to thirty years, with the regular limitation period being three years). In certain circumstances, we may also need to store your data for longer, e.g. in connection with official or legal proceedings.

X. Security

We protect your data against loss, misuse, disclosure, alteration, unavailability, unauthorized access and destruction and maintain the confidentiality of your data. This is done, among other things, through the use of appropriate technical and organizational measures. We choose our security measures taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing and continuously improve them. Technical measures include, for example, the use of encryption (e.g. TSL encryption for data in transit), access control to our systems, monitoring of critical IT system resources and system messages, ensuring the availability and resilience of systems and services.

Organizational measures include, for example, defining roles and responsibilities, ensuring the correct and secure operation of information processing equipment, regular training and awareness-raising of employees, as well as evaluating and assessing the effectiveness of the aforementioned measures. Access to your data will only be granted to employees, service providers or companies of the FoxEss Group who need such access to fulfill a business purpose or to perform their duties.

XI. Cookies and other technologies

Our website contains cookies and other technologies (together „cookies“). Cookies are used to make our website more user-friendly, effective and secure. Cookies are, for example, small text files that are stored on your terminal device and contain data such as personal website settings and login information.

We use the following categories of cookies:

  • Necessary cookies: These cookies are necessary for the functioning and administration of the website and cannot be disabled in our systems. They are usually set based on your input, such as when you set your cookie preferences, log in, or fill out forms. You can set your browser to block these cookies, but then some parts of the website will not work.

We only use first party cookies. Our Necessary Cookies are generally only stored for individual online sessions and are then automatically deleted when you close the browser.

The setting of Necessary Cookies and the subsequent processing of the data collected by the Necessary Cookie is based on our legitimate interest in providing you with an expressly requested telemedia service (our website) and in optimizing our website in a user-friendly and needs-oriented manner. We do not currently use other cookies on our website that do not fall under the category of Necessary Cookies. We would only use other cookies if you have previously given your explicit and revocable consent at any time with effect for the future.

You can also use our website without cookies by setting your browser accordingly. You may then not be able to use our website to its full extent or you may not be able to use certain functionalities.

XII. Questions, exercise of your data subject rights, complaints

If you have any questions or complaints about our collection, use or retention of your data, or if you wish to exercise your rights in relation to your data, you may contact us at welcome@fox-ess.com.

We will investigate any complaint or dispute and will always seek to remedy it in accordance with our legal obligations. You may also contact a data protection authority with a complaint. The data protection authority responsible for us is the data protection authority of the federal state in which we have our registered office.

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