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ImpressumImpressum E.ON Off Grid Solutions GmbH Völklinger Str. 40219 Düsseldorf Germany info@eon-offgrid.com Managing Director(s): Daniel Becker Registered Office Düsseldorf, Düsseldorf District Court, HRB 71536 VAT identification number (Ust. Responsible according to Section 55 (2) of the German Interstate Broadcasting Agreement (RStV): Daniel Becker, Völklinger Straße 4, 40219 Düsseldorf, Germany Website: Blanko GmbH, DüsseldorfDisclaimer General Conditions of Use Although E.ON Off Grid Solutions GmbH will use reasonable efforts to include accurate and complete information in this website, E.ON Off Grid Solutions GmbH makes no representations or warranties that the information provided through this website, including any hypertext links used either directly or indirectly from this website is accurate, complete or current. E.ON Off Grid Solutions GmbH may make changes to the information in this website, at any time, without notice and makes no commitment to update this information. The hypertext links provided herein are meant only as a convenience and the inclusion of any link does not imply endorsement by E.ON Off Grid Solutions GmbH of the site. E.ON Off Grid Solutions GmbH is not responsible for the contents of any linked site or any link contained in a linked site. The contents of this website are copyrighted. However, E.ON Off Grid Solutions GmbH hereby grants you the right to store and reproduce any text provided under this website. However, due to copyright reasons, it is not permitted to store or reproduce any pictures and charts displayed under this website. This doesn't apply to pictures available in the image archive. The information contained in this website does not constitute an offer to sell or the solicitation of an offer to buy any securities and should not be relied upon in connection with any investment decision. In no event shall E.ON Off Grid Solutions GmbH be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortuous action, arising out of or in connection with the use or performance of documents, services, or information available from this website. Forward-Looking Statements This website release may contain forward-looking statements based on current assumptions and forecasts made by E.ON Off Grid Solutions GmbH management and other information currently available to E.ON Off Grid Solutions GmbH. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of the company and the estimates given here. E.ON Off Grid Solutions GmbH does not intend, and does not assume any liability whatsoever, to update these forward-looking statements or to conform them to future events or developments. Notification of Changes Any changes to our privacy policy will be posted to this Data Privacy Statement and any other locations we deem appropriate. General terms and conditions E.ON Off Grid Solutions GmbH (“Rafiki Power”), is company incorporated under the laws of Germany having its registered office at E.ON Platz 1, 40479 Düsseldorf, Germany, having a place of business in Tanzania in the form of a branch pursuant to Companies Act, No. 12 of 2002 at P.O. Box 267, Arusha, Tanzania (“The Seller”) The Seller has entered into Power Purchasing Agreements (The “Agreement”) with customers at mini-grid locations owned by the Seller. Such customer is in the following referred to as “The Buyer”. The subsequent clauses represent General Terms and Conditions for the delivery & sale of pre-paid electricity to mini-grid customers in rural Tanzania. ARTICLE 1. FORCE MAJEURE (a) Force Majeure Effect: If a Party is rendered wholly or partly unable to perform its duties and obligations under the Agreement because of a Force Majeure event, that Party shall be temporarily excused to the extent necessary from whatever performance is affected by the Force Majeure event to the extent so affected. For purposes of the Agreement, the term "Force Majeure" shall mean any event not within the reasonable control and not due to the failure, negligence or persistent disregard, of the Party whose performance is adversely affected or becomes impracticable, and who chooses to invoke Force Majeure such as but not limited to any Act of God, fire, explosion, excessive rains, flood, tidal wave, epidemic, or earthquake, any other cause, whether or not similar thereto, beyond the reasonable control of, and without the fault or negligence of, the Party claiming Force Majeure, civil disturbance, insurrection, rebellion, terrorism, hostilities, public disorder or public disobedience, sabotage, riot, embargo, blockade, quarantine, strikes which are documented, acts of war or the public enemy whether or not war is declared, confiscation of the assets or authority of the Seller by any authority of the government. The late payment of money owed is not excused by Force Majeure. ARTICLE 2. LIMITATION OF LIABILITY; INDEMNIFICATION (a) Limitation of Liability: Notwithstanding subpart (b) hereof or any other provision of the Agreement to the contrary, neither the Buyer nor the Seller, nor their respective officers, directors, agents, employees, parent entity, subsidiaries, or affiliates shall be liable or responsible to the other Party or its parent entities, subsidiaries, affiliates, officers, directors, agents, employees, successors or assignees, or their respective insurers, for incidental, exemplary, punitive, indirect or consequential damages of any nature, connected with or resulting from performance or non-performance of obligations pursuant to the Agreement, including, without limitation, claims in the nature of lost revenues, income or profits (other than payments expressly required and properly due under the Agreement). Claims related to costs, expenses, suits and bodily injuries will also apply to this clause with respect to the Seller only. (b) Indemnity: Each Party shall defend, indemnify and save the other Party, its officers, directors, agents, employees, parent entity, subsidiaries and affiliates, harmless from and against any and all claims, liabilities, actions, demands, judgments, losses, costs, expenses, suits, actions, or damages arising by reason of bodily injury, death, or damage to property sustained by any person or entity (whether or not a Party to the Agreement): (i) caused by or sustained on property or at facilities owned or controlled by the Party, except to the extent caused by an act of negligence or willful misconduct by an officer, director, subcontractor, agent, employee, parent entity, subsidiary, or affiliate of the other Party; or (ii) caused by an act of negligence or willful misconduct of the Party or by an officer, director, subcontractor, agent, employee, parent entity, subsidiary, or affiliate of the Party. If either Party receives notice of the assertion of any claim with respect to which indemnification is to be sought from the other Party, that Party shall give prompt notice thereof to the other Party. The Parties shall cooperate in the mutual defense of any such claim. Other than in cases of gross negligence of wilful misconduct the aggregate liability of the Seller for damage to the Buyer’s property shall not be more than USD 10,000 in aggregate. ARTICLE 3: REMOVAL OF FACILITIES (a) Removal after termination: If the Agreement has been terminated, the Seller shall dismantle the Energy System and/or connection equipment from the Buyer’s property without further notification to the Buyer. (b) Removal before termination: If the Buyer fails to make payments for electricity for a considerable unreasonable long period during the Contract duration, the Seller shall remove the Energy System and/or connection equipment without further notification to the Buyer. The Buyer may request the Seller to reinstall the Energy System and/or connection equipment at an additional cost to be paid by the Buyer prior to the Seller re-installing the equipment. (c) Support by the Buyer. The Buyer shall support these activities independent of the cause of termination of the Agreement. ARTICLE 4: MISCELLANEOUS (a) Amendment: The Agreement may not be modified or amended except in writing signed on behalf of both Parties by their duly authorized officers. (b) Assignment: The Agreement shall inure to the benefit of and bind the respective successors, assigns, and delegates of the Parties. The Agreement may be freely assigned by the Seller to any successor without consent from the Buyer. The Buyer however is not entitled to assign the agreement without the Seller’s consent. (c) Entire and Complete Agreement: The Agreement constitutes the entire and complete final agreement between the Parties relating to the subject matter hereof, and all previous agreements, discussions, communications and correspondences with respect to the subject matter hereof are superseded by the execution of the Agreement. (d) Choice of Law: The interpretation and performance of the Agreement shall be in accordance with and controlled by the laws of Tanzania. (e) Venue: The Parties agree that the courts of Tanzania shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement. (f) Waivers: There shall be no implied waivers under the Agreement. The failure of either Party to require compliance with any provision of the Agreement at any time shall not affect that Party's right to later enforce same. It is agreed that the express waiver by either Party of performance of any of the covenants or conditions of the Agreement, or any breach thereof, shall not be held or deemed to be an implied waiver by that Party of any subsequent failure to perform the same or any other term or condition of the Agreement, or any breach thereof. (g) Severability: If any clause of the Agreement is ruled invalid or unenforceable by a court of competent jurisdiction, it shall not affect the remainder of the Agreement if it can be construed to affect its essential purpose without the invalid clause. (h) No Interpretation of Headings: The headings in the Agreement are descriptive only, and are not intended to affect the interpretation or meaning of the Agreement, and accordingly are not meant to be construed as part of obligations of any Party hereunder. (i) Language: The Agreement as well as these General Terms and Conditions and any amendments to it shall be executed in both English and Swahili languages. In the event of discrepancies or inconsistencies between the English and Swahili versions, the English language version shall prevail. (j) Change of Buyer: Any person who moves into a premise where the Seller is providing supply should report to the Seller to regularize the contract; Failure to do that will result in supply to be disconnected and legal proceedings instituted. Any customer who intends to move out of a premise where the Seller is providing supply should report to the Seller within 48 hours to cancel the existing contract. Failure to do so will result in the customer assuming all charges that may be calculated after the vacation of premises. Privacy Policy We are very delighted that you have shown interest in our company. Data protection is of a particularly high priority for the management of the E.ON Off Grid Solutions. The use of the Internet pages of the E.ON Off Grid Solutions is possible without any indication of personal data; however, if a data subject wants to use special services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the E.ON Off Grid Solutions. By means of this data protection declaration, our company would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled. As the controller, the E.ON Off Grid Solutions has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone. Definitions The data protection declaration of the E.ON Off Grid Solutions is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms: a) Personal data Personal data means 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. b) Data subject Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing. c) Processing Processing is 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. d) Restriction of processing Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future. e) Profiling Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. f) Pseudonymisation Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. g) Controller or controller responsible for the processing Controller or controller responsible for the processing is 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. h) Processor Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. i) Recipient Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. j) Third party Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data. k) Consent Consent of the data subject is 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. Name and Address of the controller Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is: E.ON Off Grid Solutions Voelklinger Str 40219 Dusseldorf Nordrhein-Westfalen Email: info@eon-offgrid.com Website: www.rafikipower.com Cookies The Internet pages of the E.ON Off Grid Solutions use cookies. Cookies are text files that are stored in a computer system via an Internet browser. Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID. Through the use of cookies, the E.ON Off Grid Solutions can provide the users of this website with more user-friendly services that would not be possible without the cookie setting. By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie. The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable. Collection of general data and information The website of the E.ON Off Grid Solutions collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems. When using these general data and information, the E.ON Off Grid Solutions does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the E.ON Off Grid Solutions analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our company, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject. Contact possibility via the website The website of the E.ON Off Grid Solutions contains information that enables a quick electronic contact to our company, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties. Routine erasure and blocking of personal data The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements. Rights of the data subject a) Right of confirmation Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller. b) Right of access Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information: o the purposes of the processing; o the categories of personal data concerned; o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; o where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; o the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing; o the existence of the right to lodge a complaint with a supervisory authority; o where the personal data are not collected from the data subject, any available information as to their source; o the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject. Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller. c) Right to rectification Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller. d) Right to erasure (Right to be forgotten) Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary: o The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. o The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing. o The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. o The personal data have been unlawfully processed. o The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject. o The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR. If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the E.ON Off Grid Solutions, he or she may, at any time, contact any employee of the controller. An employee of E.ON Off Grid Solutions shall promptly ensure that the erasure request is complied with immediately. Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the E.ON Off Grid Solutions will arrange the necessary measures in individual cases. e) Right of restriction of processing Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies: o The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. o The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead. o The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims. o The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the E.ON Off Grid Solutions, he or she may at any time contact any employee of the controller. The employee of the E.ON Off Grid Solutions will arrange the restriction of the processing. f) Right to data portability Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact any employee of the E.ON Off Grid Solutions. g) Right to object Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. The E.ON Off Grid Solutions shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If the E.ON Off Grid Solutions processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the E.ON Off Grid Solutions to the processing for direct marketing purposes, the E.ON Off Grid Solutions will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the E.ON Off Grid Solutions for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of the E.ON Off Grid Solutions. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications. h) Automated individual decision-making, including profiling Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the E.ON Off Grid Solutions shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the E.ON Off Grid Solutions. i) Right to withdraw data protection consent Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the E.ON Off Grid Solutions. Data protection provisions about the application and use of Google Analytics (with anonymization function) On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising. The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States. For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us. Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the company Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements. The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties. The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs. 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Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google's search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords. The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES. The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website. If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods. The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject. The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties. The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs. The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings. Further information and the applicable data protection provisions of Google may be retrieved under google.com/intl/en/policies/privacy. Legal basis for the processing Art. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR). The legitimate interests pursued by the controller or by a third party Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders. Period for which the personal data will be stored The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data. Existence of automated decision-making As a responsible company, we do not use automatic decision-making or profiling.
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Odabirom poveznice s desne strane (Izjava) pristupit ćete Izjavi o zaštiti privatnosti na internetskim stranicama Kreditne banke Zagreb d.d. OPĆA UREDBA O ZAŠTITI PODATAKA Uredba (EU) 2016/679 Europskog parlamenta i Vijeća od 27. travnja 2016. o zaštiti pojedinaca u vezi s obradom osobnih podataka i o slobodnom kretanju takvih podataka (dalje u nastavku: Uredba), primjenjivat će se u Republici Hrvatskoj od 25. svibnja 2018. godine. Uredba predstavlja bitan napredak u području zaštite osobnih podataka kojom se osigurava zaštita prava i temeljnih sloboda pojedinaca u vezi s obradom njihovih osobnih podataka. Isto tako, utvrđuju se pravila povezana u pogledu obrade osobnih podataka i pravila povezana sa slobodnim kretanjem osobnih podataka. Nadalje, općom Uredbom se osigurava ujednačeno i jednoobrazno postupanje nadzornih tijela za zaštitu osobnih podataka, što će imati za posljedicu jednostavniju i jednaku zaštitu prava svih pojedinaca u Europskoj uniji. Uredba propisuje prava pojedinca, obveze Banke koja obrađuju osobne podatke kao voditelja obrade, odnosno izvršitelja. Uredba se primjenjuje na sve državne institucije koje su dužne obrađivati osobne podatke u okviru njenih odredaba, osim u slučajevima obrade osobnih podataka koju obavljaju nadležna tijela u svrhu sprečavanja, istrage, otkrivanja ili progona kaznenih djela ili izvršavanja kaznenih sankcija, uključujući zaštitu od prijetnji javnoj sigurnosti i njihova sprečavanja. OSOBNI PODACI U SMISLU OPĆE UREDBE Osobni podaci su svi podaci koji se odnose na pojedinca čiji je identitet utvrđen ili se može utvrditi. Pojedinac čiji se identitet može utvrditi jest osoba koja se može identificirati izravno ili neizravno, osobito uz pomoć identifikatora kao što su ime, identifikacijski broj, podaci o lokaciji, mrežni identifikator ili uz pomoć jednog ili više čimbenika svojstvenih za fizički, fiziološki, genetski, mentalni, ekonomski, kulturni ili socijalni identitet tog pojedinca. Jako je širok spektar što su osobni podaci, jednostavnije rečeno to su: ime i prezime, email adresa, slika, bankovni podaci, identifikacijski broj, glas, adresa, broj telefona, IP adresa, objava na društvenim mrežama, povijest bolesti, popis najdraže literature ili pjesme, ako takvi podaci mogu fizičku osobu čiji se identitet može utvrditi, dovesti do izravnog ili neizravnog identificiranja uz pomoć pojedinog identifikatora. Neposredno prije prikupljanja osobnih podataka subjekt koji ih prikuplja ima obvezu pružanja informacija u koju svrhu se podaci prikupljaju, na temelju koje pravne osnove, komu se podaci otkrivaju te o pravu pojedinca da svojim podacima pristupi, da zahtijeva njihov ispravak ili eventualno brisanje. OBRADA OSOBNIH PODATAKA Obrada osobnih podataka trebala bi biti osmišljena tako da bude u službi čovječanstva. Pravo na zaštitu osobnih podataka nije apsolutno pravo, mora ga se razmatrati u vezi s njegovom funkcijom u društvu te ga treba ujednačiti s drugim temeljnim pravima u skladu s načelom proporcionalnosti. Ovom se Uredbom poštuju sva temeljna prava i uvažavaju slobode i načela priznata Poveljom koja su sadržana u ugovorima, osobito poštovanje privatnog i obiteljskog života, doma i komuniciranja, zaštita osobnih podataka, sloboda mišljenja, savjesti i vjeroispovijedi, sloboda izražavanja i informiranja, sloboda poduzetništva, pravo na učinkoviti pravni lijek i pošteno suđenje te pravo na kulturnu, vjersku i jezičnu raznolikost. Obrada obuhvaća radnje poput prikupljanja, bilježenja, čuvanja, uvida, otkrivanja, prenošenja ili uništavanja. Svaka obrada osobnih podataka trebala bi biti zakonita i poštena. Za pojedince bi trebalo biti transparentno kako se osobni podaci koji se odnose na njih prikupljaju, upotrebljavaju, daju na uvid ili na drugi način obrađuju, kao i do koje se mjere ti osobni podaci obrađuju ili će se obrađivati. Načelom transparentnosti traži se da svaka informacija i komunikacija u vezi s obradom tih osobnih podataka bude lako dostupna i razumljiva te da se upotrebljava jasan i jednostavan jezik. PRAVNI TEMELJ OBRADE Za zakonitu obradu osobnih podataka potrebno je ispuniti barem jedan od narednih pravnih temelja: - (a) ispitanik je dao privolu za obradu svojih osobnih podataka u jednu ili više posebnih svrha - privola je dobrovoljan, poseban, informiran i nedvosmislen pristanak ispitanika na obradu osobnih podataka koji se odnose na njega, poput pisane izjave, uključujući elektroničku, ili usmenu izjavu. Uredbom se među ostalim utvrđuje da uvjet dobrovoljnosti nije ispunjen ako ispitanik nema istinski ili slobodan izbor ili ako nije u mogućnosti odbiti ili povući privolu bez posljedica - (b) obrada je nužna za izvršavanje ugovora u kojem je ispitanik stranka ili kako bi se poduzele radnje na zahtjev ispitanika prije sklapanja ugovora (npr. obrada podataka klijenta radi izvršenja ugovora o kreditu ili obrada podataka klijenta radi sklapanja neke usluge) - (c) obrada je nužna radi poštovanja pravnih obveza voditelja obrade (npr. slanje podataka o radnicima HZZO-u ili HZMO-u ili slanje podataka stranaka od strane javnog bilježnika Poreznoj upravi sukladno posebnim propisima) - (d) obrada je nužna da bi se zaštitili ključni interesi ispitanika ili druge fizičke osobe (npr. otkrivanje od strane nadležnih tijela podataka jednog roditelja drugomu radi uzdržavanja djeteta) - (e) obrada je nužna za izvršavanje zadaće od javnog interesa ili pri izvršavanju službene ovlasti voditelja obrade (npr. zbog službene ovlasti Državnog zavoda za statistiku pojedini voditelji obrade su dužni tom zavodu dostavljati određene osobne podatke) - (f) obrada je nužna za potrebe legitimnih interesa voditelja obrade ili treće strane, osim kada su od tih interesa jači interesi ili temeljna prava i slobode ispitanika koji zahtijevaju zaštitu osobnih podataka, osobito ako je ispitanik dijete, s time da se ova točka ne odnosi na obradu koju provode tijela javne vlasti pri izvršavanju svojih zadaća (npr. legitimni interes vlasnika nekretnine da postavi sustav video nazora da bi spriječio realan rizik po njegovoj imovini) PRAVA POTROŠAČA/ISPITANIKA U sklopu Opće uredbe definirana su i karakteristična prava: - Transparentnost - pružanje informacija prilikom prikupljanja osobnih podatak kada voditelj obrade mora među ostalim informacijama obavijestiti ispitanika i o svojem identitetu i kontakt podacima, svrhama obrade i pravnoj osnovi za obradu podataka, primateljima, iznošenju u treće zemlje, razdoblju pohrane, mogućnosti povlačenja privole itd. - Pristup podacima - dobiti od voditelja obrade potvrdu obrađuju li se osobni podaci koji se odnose na njega te ako se takvi osobni podaci obrađuju, pristup osobnim podacima i informacije, među ostalim, o obrađenim osobnim podacima, o svrsi obrade, roku pohrane, iznošenju u treće zemlje itd. - Pravo na ispravak - ispitanik ima pravo zahtijevati ispravak netočnih osobnih podataka koji se na njega odnose, a uzimajući u obzir svrhe obrade, ispitanik ima pravo dopuniti nepotpune osobne podatke, među ostalim i davanjem dodatne izjave - Brisanje („pravo na zaborav“) - ispitanik ima pravo od voditelja obrade ishoditi brisanje osobnih podataka koji se na njega odnose bez nepotrebnog odgađanja te voditelj obrade ima obvezu obrisati osobne podatke bez nepotrebnog odgađanja ako, među ostalim, osobni podaci više nisu nužni u odnosu na svrhu obrade, ili je ispitanik povukao privolu za obradu, ili su osobni podaci nezakonito obrađeni - Pravo na ograničenje obrade - u pojedinim situacijama (npr. kada je točnost podataka osporavana ili kada pravom na brisanje ispitanik želi da voditelj obrade zadrži njegove podatke) ispitanik ima pravo zahtijevati da se obrada ograniči uz iznimku pohrane i nekih drugih vrsta obrade - Pravo na prenosivost - ispitanik ima pravo zaprimiti svoje osobne podatke, a koje je pružio voditelju obrade, uobičajeno upotrebljavanom i strojno čitljivom formatu te ima pravo prenijeti te podatke drugom voditelju obrade bez ometanja od strane voditelja obrade kojem su osobni podaci pruženi, ako se obrada temelji na privoli ili ugovoru i provodi automatiziranim putem - Pravo na prigovor - ispitanik ima pravo uložiti prigovor na obradu osobnih podataka ako se ista temelji na zadaće od javnog interesa, na izvršavanje službenih ovlasti voditelja obrade ili na legitimne interesa voditelja obrade (uključujući i profiliranje), tada voditelj obrade ne može više obrađivati osobne podatke ispitanika osim ako dokaže da njegovi legitimni razlozi za obradu nadilaze interese ispitanika te radi zaštite pravnih zahtjeva, također ako se ispitanik protivi obradi za potrebe izravnog marketinga, osobni podaci više se ne smiju obrađivati - Pravo usprotiviti se na automatizirano pojedinačno donošenje odluka, uključujući izradu profila (profiliranje) - pravo usprotiviti se donošenju automatiziranih pojedinačnih odluka (profiliranje) - ispitanik ima pravo da se na njega ne odnosi odluka koja se temelji isključivo na automatiziranoj obradi, uključujući izradu profila, koja proizvodi pravne učinke koji se na njega odnose ili na sličan način značajno na njega utječu, osim ako je takva odluka potrebna za sklapanje ili izvršenje ugovora između ispitanika i voditelja obrade podataka, ako je dopuštena pravom Unije ili pravom države članice koji se propisuju odgovarajuće mjere zaštite prava i sloboda te legitimnih interesa ispitanika ili temeljena na izričitoj privoli ispitanika DOKUMENTACIJA I KORISNE POVEZNICE