Privacy policy

1. Preamble

1.1 This Privacy Policy describes how neoom international gmbh, registered in the commercial register of the Regional Court of Linz under FN 421620 f, with its registered office in Freistadt and business address at Galgenau 51, 4240 Freistadt, Austria, processes personal data collected in connection with the provision of software solutions under the neoom Ai brand, formerly neoom CONNECT, for energy management. This Privacy Policy applies to neoom system partners who acquire software solutions under the neoom CONNECT brand from neoom. Where individual provisions also apply to end users of the software solutions under the neoom Ai brand, formerly neoom CONNECT, distributed by neoom, this is expressly indicated.
1.2 We, neoom international gmbh, Galgenau 51, 4240 Freistadt, Austria, treat the data entrusted to us in connection with the distribution and use of the neoom Ai software, formerly neoom CONNECT, confidentially and handle it responsibly. We comply with the applicable legal provisions on the protection, lawful handling and confidentiality of personal data, as well as on data security, in particular the Austrian Data Protection Act, hereinafter referred to as “DSG 2018”, the EU General Data Protection Regulation, hereinafter referred to as “GDPR”, and the Telecommunications Act, hereinafter referred to as “TKG”. This notice provides information on the nature, scope and purpose of data collection and use in connection with the software solutions under the neoom Ai brand, formerly neoom CONNECT.
1.3 Only such personal data is processed as is necessary for the performance and handling of the services we offer in connection with the software solutions under the neoom Ai brand, formerly neoom CONNECT, or which has been voluntarily provided to us.
1.4 Personal data means any information relating to an identified or identifiable person. A natural person is considered identifiable if they can be identified by reference to an identifier such as a name, address, email address, telephone number, etc.

2.1 Neoom collects data in the course of providing services in connection with software solutions under the neoom Ai brand, formerly neoom CONNECT, in two ways: on the one hand, data is collected through input/disclosure by the system partner and, on the other hand, through the neoom Ai software, formerly neoom CONNECT.

2.2 The data that neoom collects through input/disclosure by the system partner may include the following data:

Input/disclosure in the context of contract initiation and/or contract performance:

• First name
• Last name
• Commercial register number
• Address
• Email address
• Telephone number
• Customer number
• Contract data

Collection in connection with visits to the website:

• IP address
• Date and time of access
• Name and URL of the retrieved file
• Referrer URL
• Browser and operating system as well as the name of the access provider

2.3 The data generated by neoom through the neoom Ai software, formerly neoom CONNECT, may include the following data from system partners and/or end customers:

• Device-related information
• Sensor-related information
• Location-related information

2.4 The list is exemplary. Not all listed data is collected in every case.

3.1 The data specified under Section 2 is processed for the following purposes:

• Contract initiation and contract performance: In order to fulfil our obligations towards our system partners and/or their end customers to their fullest satisfaction, we require the data. The collection of data also serves to ensure smooth connection to our website and convenient use of our website. In addition, the collection of data serves system security and the administration of our neoom Ai software solutions, formerly neoom CONNECT.
• Compliance with a legal obligation: Processing of the data may be necessary for the purpose of complying with various legal obligations, for example those arising from the Austrian Federal Fiscal Code.
• Safeguarding legitimate interests: We have a legitimate interest in promoting our service offering, in particular in the form of newsletters.
• Consent: Where consent has been given for the processing of data, processing will take place only in accordance with the purposes specified in the declaration of consent and to the extent agreed therein.

3.2 The list is exemplary. Not all stated processing purposes are fulfilled in every case.

4. Usage Analysis and Product Improvement
To ensure the functionality and further development of our application, we process pseudonymised usage data regarding the use of functions, interactions and technical processes.

Processing is carried out without marketing or tracking cookies and without collecting directly personal identification data such as name or email address. A pseudonymous user identifier is used which does not allow any direct conclusions to be drawn about a person. Technically necessary connection data, such as IP addresses, may be processed temporarily for the provision and security of the service, but will not be permanently stored or used for analysis purposes.

The legal basis is Article 6(1)(b) GDPR and Article 6(1)(f) GDPR, namely secure operation and user-friendly further development of our service.

For usage analysis, we use PostHog, PostHog Inc. and/or PostHog Ltd., as a processor pursuant to Article 28 GDPR. Processing takes place on servers within the European Union. The data is stored only for as long as is necessary for the stated purposes and is then deleted or anonymised.

Where processing is based on Article 6(1)(f) GDPR, data subjects have the right to object to the processing at any time on grounds relating to their particular situation.

4.1 Conducting In-App Surveys
4.1.1 As part of in-app surveys, we process the following data:

• Type of existing electricity storage system, including
• manufacturer/type
• Interest in offers from neoom Power Partners

4.1.2 If, as part of a survey, you express your interest in being contacted by a neoom Power Partner, the processing will take place exclusively on the basis of your voluntary consent pursuant to Article 6(1)(a) GDPR. Consent is voluntary and may be withdrawn at any time without giving reasons, with effect for the future, for example by email to privacy@neoom.com.
4.1.3 The respective neoom Power Partner whose name is shown to you in the survey acts as an independent controller within the meaning of Article 4 No. 7 GDPR with regard to the further processing of your data. The Power Partner’s own privacy policy applies to processing by the Power Partner.
4.1.4 The data collected as part of the survey will be stored for a maximum of 12 months after completion of the respective survey campaign, unless consent is withdrawn or statutory retention obligations prevent earlier deletion.

4.2 Use of PostHog for In-App Surveys
4.2.1 For the implementation of in-app surveys, we use the PostHog service of PostHog, Inc., 2261 Market Street #4008, San Francisco, CA 94114, USA. PostHog processes your survey responses and technical metadata, such as anonymised device information and timestamps, on our behalf.
4.2.2 We use PostHog Cloud EU exclusively. Your data is stored and processed on Amazon Web Services servers in the eu-central-1 data centre in Frankfurt am Main, Germany. No transfer of your personal data to third countries outside the European Economic Area takes place in the context of this processing.
4.2.3 A data processing agreement pursuant to Article 28 GDPR has been concluded with PostHog. PostHog processes your data exclusively in accordance with our instructions and for the purpose of conducting the survey. Further information on data protection at PostHog can be found at https://posthog.com/privacy.

5. Transfer of Your Personal Data
5.1 The data provided or generated via the neoom Ai software, formerly neoom CONNECT, will only be passed on or transferred by us to third parties if this is necessary for the purpose of contract processing or billing purposes.
5.2 For the purposes stated under Section 2, we will transfer your personal data to the following recipients:

• IT service providers engaged by us;
• Contractual partners;
• Tax advisors and auditors;
• Legal representatives;
• Courts;
• Competent administrative authorities;
• Debt collection agencies;
• Insurance companies;

5.3 Personal data will only be transferred to third countries outside the EU or to the EEA area if an adequacy decision of the European Commission exists for these countries or if suitable safeguards for the protection of personal data are provided by the conclusion of a legally binding document.

5.4 Data Disclosure to Authorised System Partners
If you expressly consent to the disclosure of data for optimisation offers from system partners, certain energy-related data from your location may be made available to your responsible neoom system partner for the stated purposes.

The disclosed data may include in particular:

• Contract status, Free or Paid Tier
• Duration of use
• Participation in energy communities
• Tariff information, for example dynamic tariff
• Configured devices, for example storage system, charging station, heat pump
• Installed storage capacity
• Consumption, production and feed-in data
• States of charge of battery systems
• Electricity consumption and feed-in quantities

The disclosure takes place exclusively on the basis of your consent pursuant to Article 6(1)(a) GDPR.
You may withdraw this consent at any time with effect for the future.

Your data will be used by the system partner exclusively for the preparation of optimisation proposals and will not be passed on to third parties.

5.5 Where data is processed in the context of in-app surveys via PostHog Cloud EU, storage takes place exclusively on servers within the European Union, AWS Frankfurt, Germany. PostHog has implemented appropriate technical and organisational measures to protect personal data, which you can read about at https://posthog.com/docs/privacy.

6. Storage period
Personal data will be stored and retained by neoom only for as long as reasonably deemed necessary by us to achieve the purposes set out in section 3 and as permitted by applicable law. In any case, we store the personal data for as long as statutory retention obligations exist or the limitation periods of potential legal claims have not yet expired. If the processing is based on consent, the data will be stored until the consent is revoked.

7. Cookies
7.1 On our website at https://neoom.com/, we use so-called “cookies”. Cookies are text files that are stored on the computer. The use of cookies enables us to analyse the use of the website in order to facilitate, optimise and make the website more user-friendly.
7.2 Browser settings can be adjusted accordingly so that cookies are rejected and their storage is prevented, or cookies already stored are deleted. In the event of cookies being blocked or deleted, we point out that not all functions of the website may be fully usable under certain circumstances.

8. Use contact form
8.1 If our contact form on the website at https://connect.neoom.com is used, the information from the enquiry form, including the contact details provided there, will be stored for the purpose of processing the enquiry. The data is entered voluntarily on the basis of consent.
8.2 Consent may be withdrawn at any time without giving reasons by email to privacy@neoom.com. Withdrawal does not affect the lawfulness of processing carried out before the withdrawal.

9. Use of Service Form
9.1 If our service form on the website at https://connect.neoom.com is used, the information from the enquiry form, including the contact details provided there, will be stored for the purpose of processing the enquiry. The data is entered voluntarily on the basis of your consent.
9.2 Consent may be withdrawn at any time without giving reasons by email to privacy@neoom.com. Withdrawal does not affect the lawfulness of processing carried out before the withdrawal. Mandatory statutory provisions, in particular retention periods, remain unaffected.

• neeom uses the "Google Analytics" service to analyse website usage by users, which is offered by Google Inc. The service uses cookies (see section 7.).
• The responsible service provider in the EU is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
• You can find more information on the terms of use of Google Analytics and on data protection at Google at https://policies.google.com/?hl=de. .

• neeom has integrated plugins of the social network Facebook.
• You can recognise these Facebook plugins by the Facebook logo or the "Like" button ("Like"). When you visit our pages, a direct connection is established between your browser and the Facebook server via the plugin. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook "Like" button while you are logged into your Facebook account, you can link the content of our pages on your Facebook profile. This allows Facebook to associate the visit to our pages with your user account. We would like to point out that we have no knowledge of the content of the transmitted data or its use by Facebook.
• he competent service provider in the EU is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.. 
• For more information on the terms of use and data protection, please refer to facebook's privacy policy at https://www.facebook.com/about/privacy/.

• neeom uses HubSpot, a service of HubSpot Inc. for analysis purposes on its websites.
• This sets cookies (see point 6.) that enable an analysis of your use of the website. HubSpot evaluates the collected information on behalf of neeom. In the process, information is generated about the visit and the pages visited.
• The competent service provider in the EU is HubSpot Inc, 1 Sir John Rogerson's Quay, Dublin 2.
• For more information on the Terms of Use and data protection, please refer to HubSpot's privacy policy http://legal.hubspot.com/de/privacy-policy.

11. Data security
11.1 The personal data collected in accordance with point 2 of this data protection declaration shall be protected by neoom to the best possible extent against unauthorised access, unauthorised use or publication by third parties.
11.2 The personal data collected in accordance with point 2 of this data protection declaration is stored on a server of Microsoft Ireland Operations Limited, 70 Sir John Rogerson's Quay, Dublin 2, Ireland (hereinafter referred to as "Microsoft") in the European Union. In this context, Neoom refers to the Terms and Certifications of Microsoft as amended from time to time, available at https://azure.microsoft.com/de-de/support/legal/.

• to verify whether and what personal data we hold about you and to obtain copies of such data;
• request that we correct, amend or delete your personal data that is inaccurate or not processed in accordance with the law; 
• require us to restrict the processing of your personal data;
• object to the processing of your personal data in certain circumstances;
• request data portability;
• know the identity of any third party to whom your personal data is transferred; and
• make a complaint to the competent authority.

12.2 The Data Protection Authority has subject matter jurisdiction over requests for breach of the right of access, breach of the rights to confidentiality, rectification or erasure.

13. Amendment of the privacy policy
13.1 neoom reserves the right to supplement or amend this data protection declaration.
13.2 neoom notifies the system partner by e-mail in due time about changes of the privacy policy.
13.3 In the event of a conflict between this Privacy Policy and the respective supplementary provisions, the supplementary provisions shall prevail in the individual case.
13.4 The current version of the data protection declaration shall apply. This is available on the website neoom.com/privacy-connect

14. Our contact data
If you have any questions or concerns about the processing of your personal data, please contact us at the following address:
neoom international gmbh
Galgenau 51
4240 Freistadt
privacy@neoom.com
neoom international gmbh
Brand neoom CONNECT