The protection of personal data is a matter of particular importance to ASGM Strategic Gas Storage Management GmbH, Floridsdorfer Hauptstraße 1, 1210 Vienna, Austria (hereinafter also referred to as “ASGM”).
In accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 (hereinafter referred to as “GDPR”) and the national data protection laws applicable to ASGM, ASGM by means of this Privacy Policy informs you about your personal data being provided to or, respectively, gathered by ASGM as well as how and on what basis such personal data is being processed by ASGM.
For the purposes of this Privacy Policy, the terms used herein shall have the meaning given to them by the GDPR.
1. Controller
ASGM is the Controller of personal data referred to under item 2 below within the meaning of the GDPR, as far as the context does not indicate otherwise.
2. What personal data does ASGM process for which purpose and on which legal basis?
ASGM processes the following personal data for the respective purposes and based on the respective legal basis as specified below.
2.1 Operation of the ASGM Website
As part of the operation of this website, ASGM processes personal data relating to identified or identifiable natural persons in connection with (i) registrations through this website, (ii) the use of cookies, (iii) generating access- and usage statistics, and (iv) browsing this website, as follows:
2.1.1 ASGM also uses so-called cookies. Cookies are small text files which store a website in the browser of a computer, mobile device or other electronic device used for internet searches. Cookies automatically collect technical information which allow the identification of the user of the website, such as the IP address, the type of internet browser used for navigation on the ASGM site, the operating system, the domain name or the domain host through which the user visits the website. The purpose of cookies is in particular (i) to remember users’ actions and custom settings, (ii) to ensure the functioning of the website and to improve its performance, for example to allow system administration or to prevent fraudulent activities when logging into secure areas of our website, (iii) to help website visitors in the execution of tasks without re-entering them when moving
from one website to another or when visiting the website later, (iv) for online behavioral targeting and to display ads that could be relevant due to previous searches of the user. In case you do not want to accept cookies, you have the possibility to reject them and to prevent the access to previously stored information by configuring your Internet browser accordingly.
Insofar as ASGM uses cookies and thereby processes personal data the legal basis is the legitimate interests of ASGM pursuant to Art. 6 (1) lit. f GDPR, in particular to ensure the functioning of the website, to improve its performance and to facilitate its use, or respectively Art. 6 lit. a GDPR, if you have given your consent to the use of cookies.
2.1.2 By browsing this website, automatic information will be sent to and temporarily stored on the server of ASGM. In doing so, ASGM processes in particular the following personal data: IP address.
The legal basis is the legitimate interests of ASGM pursuant to Art. 6 (1) lit. f GDPR, in particular to optimize the website and to protect it from attacks, damages and other impairments.
| Purpose | Legal Basis |
| Usage of cookies | Art. 6 (1) lit. f GDPR (legitimate interests). Art. 6 (1) lit. a GDPR (consent). If you have given your consent to the processing of your personal data, your personal date will be processed only for the purposes only to the extent set out therein. You can withdraw your consent at any time with effect for the future. |
| Browsing the ASGM website | Art. 6 (1) lit. f GDPR (legitimate interests). |
2.2 Operation of the ASGM Tender Platform
For the purpose of implementing the procurement of strategic gas reserves pursuant to §§ 18a et seq. Austrian Natural Gas Act 2011 (Gaswirtschaftsgesetz 2011), ASGM has established a tender platform under the link https://www.gashub.at/asgmgasreserve/overview.xhtml. This platform is operated via the website of the Central European Gas Hub AG, Peak Vienna, Floridsdorfer Hauptstraße 1, A- 1210 Vienna (“CEGH”).
With the participation in tenders, in particular also registrations, via this website, ASGM and CEGH process those personal data which are requested from you in the registration form, such as name, contact data, data on the respective contractual relationship (e.g. email address, telephone number, information on the use of the platform or communication as well as information provided for the purpose of marketing the gas storage services, etc.). Personal data is also transmitted to the respective gas storage operator, to CEGH and to the IT service provider used by CEGH.
This personal data is processed for the purposes associated with the respective registration. The legal basis for the processing of the personal data is (i) pursuant to Art. 6 (1) lit. a GDPR your consent, which you provide to ASGM with the registration, (ii) Art. 6 (1) lit. b GDPR, insofar as the processing serves the fulfilment of the contract or the implementation of pre- or post-contractual measures, as well as (iii) Art. 6 (1) lit. c GDPR, insofar as the processing serves the fulfilment of legal obligations, in particular also on the basis of the Austrian Natural Gas Act 2011 (Gaswirtschaftsgesetz 2011) or the Austrian Energy Management Act 2012 (Energielenkungsgesetz 2012).
| Purpose | Legal Basis |
| Operation of the ASGM tender platform, in particular also registrations via this platform | Art. 6 (1) lit. a GDPR (consent). If you have given your consent to the processing of your personal data, processing will only take place for the purposes and to the extent agreed therein. You can revoke your consent at any time with effect for the future. Art. 6 (1) lit. b GDPR (fulfilment of contract or implementation of pre-contractual measures), insofar as the processing serves to fulfil your contractual relationship or pre-contractual or post-contractual measures. Art. 6 (1) lit. c GDPR (fulfilment of legal obligations), insofar as the processing serves the fulfilment of legal obligations of ASGM. |
2.3 Answering your questions, requests or complaints
In connection with your questions, requests or complaints, ASGM processes the personal data you provide to ASGM in or through your correspondence, depending on the means of communication you use to contact ASGM, such as first and last name, e-mail address, fax or telephone number and other Information.
Your personal data is being processed to provide you with answers to your questions, requests or complaints.
The legal basis is the legitimate interests of ASGM pursuant to Art. 6 (1) lit. f GDPR, in particular to be able to provide you with answers to your questions, requests or complaints.
| Purpose | Legal Basis |
| Answering your questions, requests or complaints | Art. 6 (1) lit. f GDPR (legitimate interests), in particular to provide you with answers to your questions, requests or complaints. |
2.4 Direct communication
In the context of direct communication ASGM processes the following personal data: name, position within the organization of your company, address, email address, telephone and fax number.
The person data is being processed for the purpose of providing you with information about the services and activities of ASGM which are closely connected to the fulfillment of contractual and / or statutory obligations of ASGM or derive thereof.
The legal basis for processing your personal data is (i) Art. 6 (1) lit. b GDPR, to the extent that the processing of personal data is related to the fulfilment of a contract or, respectively, the execution of pre- or post-contractual measures, (ii) Art. 6 (1) lit. c GDPR, to the extent that the processing of personal data is required for to fulfill legal obligations, in particular under the Austrian Gas Act 2011 (Gaswirtschaftsgesetz 2011) or the Austrian Energy Management Act 2012 (Energielenkungsgesetz 2012).
| Purpose | Legal Basis |
| Direct Communication: Information about the services and activities of the ASGM, which are closely connected to the fulfillment of contractual and / or statutory obligations of ASGM or derive thereof. |
Art. 6 (1) lit. b GDPR (contract performance, including pre- and post-contractual measures), to the extent related to the fulfilment of a contract or, respectively, the execution of pre- or post-contractual measures. Art. 6 (1) lit. c GDPR (fulfilment of legal obligations), to the extent required for the fulfillment of legal obligations of ASGM. |
2.5 Contracts
In connection with the conclusion, execution and termination of contracts, including pre- and post-contractual measures, the ASGM processes the following personal data: name, position within the organization of your company, address, email, fax and telephone number.
The person data is being processed for the purpose of the conclusion, execution and termination of a contract, including pre- and post-contractual measures, specified further by the purpose and the potential provisions of the respective contract as well as any general terms and conditions.
The legal basis for the processing of your personal data is pursuant to Art. 6 (1) lit. b GDPR the performance of a contract or, respectively, the execution of pre- and post-contractual measures.
| Purpose | Legal Basis |
| Conclusion, execution and termination of a contract, including pre- and post-contractual measures. |
Art. 6 (1) lit. b GDPR (contract performance, including pre- and post-contractual measures). |
2.6 Fulfillment of legal obligations
In connection with the fulfillment of legal obligations, in particular also in fulfilment of the tasks assigned to ASGM by law, ASGM processes the personal data required for these purposes.
The legal obligations, and with them, the nature of the personal data being processed result inter alia of the provisions of the following laws and regulations: (i) E-Control Act (E-Control Gesetz), (ii) Austrian Natural Gas Act (Gaswirtschaftsgesetz 2011) and related regulations, (iii) Austrian Energy Management Act (Energielenkungsgesetz 2012) and related regulations, (iv) Austrian Market Rules (Sonstige Marktregeln, published on the website of E-Control Austria under www.e-control.at).
| Purpose | Legal Basis |
| Fulfillment of legal obligations, particularly also in fulfilment of the tasks assigned to ASGM by law. | Art. 6 (1) lit. c GDPR (fulfillment of legal obligations). |
3. Automated decision making, including profiling
Your personal data will not be used by the ASGM for automated individual decision-making, including profiling, pursuant to Art. 22 GDPR.
4. Transfer of personal data
In connection with (i) the operation of this website, in particular registrations through this website, the use of cookies, the generation of access- and usage statistics and the browsing of this website, (ii) your questions, requests or complaints, (ii) the operation of the ASGM Tender Platform, (iii) direct communication, (iv) the conclusion, execution and termination of a contract, including pre- and post-contractual measures, (v) the fulfilment of legal obligations, in particular also in fulfilment of the tasks assigned to ASGM by law, ASGM shall have the right to transfer your personal data to its processors as well as to courts and authorities, in compliance with the provisions of the GDPR and the national data protection laws applicable to ASGM.
Personal data is being transferred for the purposes and on the legal basis allocated to the respective purposes outlined under item 2 above. The transfer of personal data to a processor of ASGM will be supplemented by a data processing agreement within the meaning of Article 28 GDPR.
To the extent that in individual cases ASGM should transfer personal data to countries outside the EU or the European Economic Area (EEA), such transfer shall be in accordance with the requirements of the GDPR.
5. How long does ASGM store your personal data?
5.1 Subject to item 5.2, ASGM will store your personal data in principle for the duration of the existing business relationship with you.
5.2 In addition, ASGM will store your personal data for such period required due to statutory retention obligations. Statutory retention obligations arise, for example, from the Austrian Federal Fiscal Code (Bundesabgabenordnung) or the Austrian Corporate Code (Unternehmensgesetzbuch). The general retention period specified thereunder is seven years, subject to prolongation of such period in exceptional cases due to and for the duration of a pending judicial or administrative proceeding. Moreover, there are further legal obligations which
might require a longer retention of personal data. Thus, the general limitation period pursuant to § 1478 Austrian Civil Code (Allgemeins Bürgerliches Gesetzbuch) is thirty years, which in certain cases may be shortened to three years.
5.3 ASGM deletes your personal data, as far as (i) you have withdrawn your consent for processing your personal data, and (ii) they are no longer required for the performance of a contract, including pre- or post-contractual measures, or for the fulfilment of legal obligations or due to a legitimate interest of ASGM pursuant to Art. 6 (1) lit. f GDPR, and (iii) no statutory retention obligations apply.
6. Security of data processing
ASGM will use appropriate technical and organizational measures to protect your personal data against unauthorized access, unlawful processing, loss, and unauthorized deletion.
7. Rights of the data subject
As part of processing your personal data, you have the following rights in accordance with the provisions of the GDPR:
7.1 The right to information pursuant to Art. 15 GDPR: You have the right to receive a confirmation as to whether your personal data is processed. If so, you have a right to be informed of those personal data. Otherwise you will respectively receive a negative-information.
7.2 The right to rectification of your personal data pursuant to Art. 16 GDPR: You have the possibility to request the rectification of inaccurate personal data and, respectively, to have incomplete personal data completed.
7.3 The right to erasure of your personal data pursuant to Art. 17 GDPR: You have the right to obtain the erasure of your personal data without undue delay where reasons for erasure pursuant to the GDPR apply, subject to any exemption from the right to erasure pursuant to the GDPR.
7.4 The right to restriction of processing of your personal data pursuant to Art. 18 GDPR: You have the right to request the restriction of processing under the conditions specified in the GDPR.
7.5 The right to withdraw your consent to data processing pursuant to Art. 7 GDPR: In case your personal data is being processed due to your consent, you have the right to withdraw your consent to such data processing at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
7.6 The right to object pursuant to Art. 21 GDPR: You have at any time the right to object, on grounds relating to your particular situation, to the lawful processing of your personal data in those cases further specified in the GDPR.
7.7 The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you (Art. 22 GDPR).
7.8 The right to data portability pursuant to Art. 20 GDPR: If the processing of your personal data is based on your consent and the processing is carried out by automated means, you have the right to receive your personal data in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from the controller to which the personal data have been provided.
8. Exercising the rights of the data subject
The exercise of the aforementioned rights is possible at any time.
To exercise your rights, please contact: ASGM Strategic Gas Storage Management GmbH, Floridsdorfer Hauptstraße 1, 1210 Vienna, Austria, email: gasreserve@asgm.at.
In order to ensure the protection of your rights and your privacy, you are asked to submit together with your request a copy of a valid official identification document bearing a photograph (e.g. passport, identity card or driver’s license) for proof of your identity. Even if ASGM makes the best possible effort to protect and maintain the integrity of your personal data, disagreements about the way ASGM processes your data may not be entirely excluded. If you believe that ASGM processes your data in an improper manner, it is your right to appeal to the competent authority, in Austria the Austrian Data Protection Authority (Datenschutzbehörde), Wickenburggasse 8 – 10, 1080 Vienna, Austria, email: dsb@dsb.gv.at.
9. Changes to this Privacy Policy
This privacy policy may be changed or, respectively, be updated by ASGM at any time, if considered appropriate or necessary by ASGM.
10. Contact
In case of any questions concerning data protection, please don’t hesitate to contact the Data Protection Officer of ASGM under the following contact details: ASGM Strategic Gas Storage Management GmbH, Data Protection Officer, Floridsdorfer Hauptstraße 1, 1210 Vienna, Austria, email: gasreserve@asgm.at.