Data protection and privacy policy

Dansk version af databeskyttelses- og privatlivspolitik (Policy in Danish)

Polska wersja Polityki Ochrony Danych i Prywatności (Policy in Polish)

Svensk version av dataskydds- och integritetspolicy (Policy in Swedish)

Tietosuoja- ja yksityisyyden suoja (Policy in Finnish)

1. Introduction

The purpose of Better Energy’s (depending on geographical area: (i) Denmark: Better Energy A/S, (ii) Finland: Better Energy Finland I Oy, (iii) Poland: Better Energy Poland sp. z o.o., (iv) Sweden: Better Energy Sweden AB or any Better Energy entity being a party to the contract you, or the entity you represent, entered into – hereafter “Better Energy”, “BE”, “us”, ”we” or ”our”) Data Protection and Privacy Policy (hereinafter the “Policy”) is to explain how we collect, treat and protect personal data.

The Policy is prepared and made available to comply with the General Data Protection Regulation (2016/679 of 27 April 2016) (hereinafter the ”GDPR”) and the rules included herein on information to be provided to you.

2. What type of personal data we have

We currently collect and process the following categories of your personal data: identity, business contact details, and if applicable, the entity you represent. Depending on the case, we may also collect your banking details (bank account number) for payment purposes.

If you visit our website, we collect data about your IP address and computer control system, your mobile unit, your internet browser and what you do on the website, for example, your searches. We do not collect this information unless you have given your permission. 

If you are a landowner, especially when we want to enter into a contract with you, or if you own neighbouring land, we also collect your personal data regarding the land you own and the neighborhood.

If you are applying for a position at BE, we also collect your personal data regarding contact details, information about your education, work experience and professional qualifications. For further details on how we collect and process personal data for the purposes of recruitment, please click here: https://www.betterenergy.com/careers/open-positions/

3. How we get your personal data, why we have it and what we do with it

Most of your personal data we process is provided to us directly by you or the entity you represent, in order to facilitate business relation with BE.

We also retrieve personal information indirectly, e.g., from online sources, such as internet websites and public databases, etc. when we need to initiate a dialogue with you or the entity you represent to enquire about your openness to facilitate cooperation with BE.

If you are a landowner, especially when we want to enter into a contract with you, or if you own neighbouring land, we also collect your personal data from publicly available sources, such as land registries, local authorities, from your neighbours or acquaintances, the entities we cooperate with, etc. 

We collect and process your personal data, in particular, because:

• it is necessary in order to enter into and perform the contract with you or the entity you represent (Article 6(1)(b) of the GDPR);
• we have a legal obligation to process your personal data to the extent specified in applicable provisions of law (Article 6(1)(c) GDPR), e.g. in order to transfer data to the tax authorities, for the purposes of bookkeeping, obtaining permits, etc.;
• BE or BE group have a legitimate interest to pursue (Article 6(1)(f) GDPR), e.g.:
  1. for the purposes of conducting, developing and optimizing BE business activity, including project development, obtaining permits, etc.;
  2. for the purposes of business partners’ and procurement management, optimizing the terms of BE cooperation with business partners and other stakeholders, etc., as well as aligning with BE capital group internal policies regarding procurement and cooperation with business partners, stakeholders, etc.;
  3. for the purposes related with risk management and compliance, as well as for the purposes of conducting internal proceedings (including Raise Your Concern, Know Your Customer, etc.), keeping records and monitoring information on conflicts of interests and violation of ethics to the extent necessary for counteracting abuses or criminal activity;
  4. for the purposes related to IT service and ensuring IT and information security, monitoring of data flow within BE, management of mobile devices, systems access management, ensuring BE continuity of business and data quality management;
  5. for the purposes related to physical security of BE offices, sites and facilities, including,
     if applicable, video monitoring and recording of persons entering and leaving;
  6. for the purposes of internal reporting within BE or within BE capital group, including management reporting, as well as for the corporate investment and financing purposes, including due diligence, etc.;
  7. for the purposes related to marketing and business development, cooperation with business partners, other stakeholders, etc., and improving BE branding, including, in particular, for purposes related to organization and participation in conferences and press appearances, press releases, participation in events and also broader advertising and promotional activities of BE capital group;
  8. for the purposes of exercising legal rights and entitlements of BE or BE capital group;
  9. if applicable, for the purposes of selling BE receivable debts;
  10. if applicable, for the purposes of handling dispute proceedings, proceedings pending before authorities and other proceedings, including for purposes of pursuing or defending against claims, etc.;
• in other cases, if you voluntarily provide us with additional personal data about yourself - we process this data on the basis of your consent (Article 6(1)(a) GDPR or Article 9(2)(a) GDPR).

We will not make decisions towards you in an automated manner or profile your personal data.

4. Collecting personal data with cookies

By visiting and using our website(s), cookies are collected and used on the basis of consent. Information in these cookies include browser type, IP address, search terms on our website(s). (hereinafter “Cookiedata”).

Cookiedata is used for improvement of the website(s) and the user experience, to deliver our products, services or goods. We also use Cookiedata for the purpose of tracking statistics on the number of visitors to our website and to display resolution and preferences.

Our use of cookies for the purpose of collecting personal data is being carried out in accordance with applicable local laws.

If you wish to limit or decline the cookies placed on your computer when visiting our website, you can do so at any time by changing your browser settings. However, you should be aware that if you decline or reject cookies it will impact the functionality of the website which means that there are features on the website that you will not be able to see. Any browser allows that you delete cookies collectively or individually. How this is done depends on the used browser. Remember to delete the cookies in all browsers if you use several different browsers.

5. Obligation to provide BE with your personal data

If you fail to provide us with all required personal data, this may cause the inability to enter into or perform the contact with you or the entity you represent, or for BE to comply with legal obligations or pursue legitimate interest of BE or BE capital group.

To the extent where personal data is collected on basis of consent, providing personal data is voluntary.

6. How long we process your personal data

Your personal data is processed for as long as necessary for the purposes described in point 3 of this Policy, e.g.:

• for the entire duration of negotiations between BE and you or the entity you represent, and if applicable, for the entire duration of bid or tender procedure;
• if you, or the entity you represent, enter into a contract with BE – for the entire duration of such contract;
• after this time, for predefined period and/or to the extent required by provisions of law or for pursuing BE legitimate interests, as described in point 3(3) of this Policy;
• in case where you consented to processing personal data, until withdrawal of such consent.

7. Who we share your data with

The personal data is primarily used internally in BE, as described above. We only pass on personal data to others when the law allows it or requires it.

From time to time, we use external companies as suppliers to assist us in delivering our services. Where the external parties are data processors, the processing is always performed on the basis of a data processing agreement in accordance with the requirements hereto under the GDPR. Where the external parties are data controllers, the processing of personal data will be performed based on said external parties’ own data privacy policy and legal basis which the external parties are obligated to inform about unless the applicable legislation allows otherwise.

In particular, BE may share your data with:

• public authorities, entities performing public tasks or acting at the direction of public authorities, to the extent and for purposes which follows from provisions of law, e.g., tax authorities, business authorities, courts of justice, permitting authorities, public regulators or inspections, the police, as well as transmission or distribution system operators, etc.;
• BE capital group and investors, including potential investors, financing entities, including potential financing entities, advisors, etc., where personal data is shared depending on the circumstances, in particular, for administrative purposes and the purposes of internal reporting, due diligence, etc.;
• entities supporting us in our business processes and operations, including data processors on behalf of BE, and our partners, e.g., service providers in the area of IT, asset and/or facility management providers, accounting and bookkeeping, property protection, auditing and controlling, banks, postal and courier companies, entities from BE capital group, suppliers, business partners, etc.

8. Do we transfer personal data to third countries

Generally, we do not transfer personal data to third countries outside of EU/EEA.

However, in justified and required cases (e.g., when it is required by law or needed to exercise an agreement with our suppliers, in particular in the area of IT), your personal data may be shared with entities in third countries outside EU/EEA, which may not provide a level of data protection similar to the one in EU, in particular: United States, Ukraine, United Kingdom of Great Britain and Northern Ireland.

In general, the transfer of data outside EU/EEA shall take place on basis of standard contractual clauses for the transfer of personal data to third countries (as per the template adopted by the European Commission, hereinafter “the SCC”), concluded with the data recipients – unless the European Commission have issued a decision on the adequate protection of personal data in such third country. In such cases, such decision will be the basis for transferring personal data, instead of the SCC.

You have the right to obtain a copy of the abovementioned standard data protection clauses (or other applicable safeguards of data transfer outside the EU/EEA) via BE.

We may also use Microsoft services to process personal data. You can read more about Microsoft's protection of personal data and their use of sub processors on this link: https://privacy.microsoft.com/  

9. Your data protection rights

Under data protection law, you have rights including:

• Your right of access - You have the right to ask us for copies of your personal data.
• Your right to rectification - You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.
• Your right to restriction of processing - You have the right to ask us to restrict the processing
  of your personal data in certain circumstances.
• Your right to object to processing - You have the right to object to the processing of your personal data in certain circumstances.
• Your right to data portability - You have the right to ask that we transfer the information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we will respond to you within one month.

10. The right to withdraw your consent

If you provided us with your personal data based on your consent, you can freely withdraw it at any time, without any negative consequences towards you. Please, be aware that the processing of your personal data covered by the consent, before it is withdrawn, remains lawful.

11. How to complain

Please contact us at GDPR@betterenergy.dk if you wish to evoke one of your data protection rights or file a complaint.

You can also file a complaint to applicable data protection authorities if you are unhappy with how we have used your data.

12. Changes to this Policy

We reserve the right to update and amend this Policy. If we do, we correct the date and the version at the bottom of this Policy. In case of significant changes, we will provide notification in the form of a visible notice, for example on our website or by direct message.

13. Contact

If you have questions or comments to this Policy or if you would like to invoke one or more data subject rights, please contact us at email: GDPR@betterenergy.dk.

14. Website usage terms and conditions

The information on the website is correct at the time of publishing, as far as reasonably possible. Better Energy does not guarantee that information, links, or other data retrieved from the website are correct. Better Energy is not liable under any circumstances for any errors or omissions in the website content. Better Energy reserves the right to make changes or corrections at any time without prior notice. Interruptions of service may occur at any time due to site maintenance or other reasons. Better Energy does not accept liability arising from any interruptions of service or other disruptions that may occur on the website.

15. Copyright

The content on this website is the property of Better Energy and is protected by copyright law. Unless otherwise stated, the content must not be reproduced, transmitted, copied, distributed, or stored without prior permission from Better Energy.

Last update: 11 October 2023