Privacy Statement

What does this Privacy Notice cover?

This Privacy Notice provides information regarding the personal data which are processed by Next Kraftwerke Belgium BV/SRL (‘Next’ or ‘we’) in relation to

• (i) individuals who work for, or on behalf of, or who are shareholders of our business customers (‘Business Customers’),
• (ii) suppliers or vendors (‘Suppliers’),
• (iii) business partners, as well as investors and shareholders (‘Business Partners’).

The Privacy Notice provides also the information regarding the processing of your personal data when using services from or on behalf (‘Next Kraftwerke’ or ‘we’) whether as:

• (i) a visitor to a Next website (‘Website’ or ‘Next Website’); and/or
• (ii) a user of the Next Customer Portal (‘Next App’);
• (iii) a Next Newsletter’s recipients (‘Next Newsletter’);
• (iv) a person that attents to a Next webinar.

For individuals who apply to work for Next or who attend a recruitment event or undertake an assessment please refer to the Privacy Notice given for the recruitment event.

This Privacy Notice explains what personal data are processed about you, why we are processing your personal data and for which purposes, how long we hold your personal data for, how to access a copy of or update your personal data, as well as the options you have regarding your personal data and where to go for further information.
 

Special Notice - if you are under 16 years old. Processing children’s personal data

We do not intentionally collect personal data of individuals under 16 years old. If you are under 16 years old (or a different age to reflect local legal requirement as communicated on the website in your location) please do not send us your personal data for example, your name, address and email address. If you wish to contact Next’ in a way which requires you to submit your personal data (such as for education or innovation events) please get your parent or guardian to do so on your behalf.

What personal data do we process about you? Collection of information

We process personal data from and in relation to individuals who are, or who work for or on behalf of or who are shareholders in our Business Customers, Suppliers, Business Partners in the following categories:

• Information that you provide to us - when creating relationship with Next we will ask for identification and contact details (name, address, e-mail address, and phone number). If you decide to make use of Next services and become a member of our VPP we may also ask you to provide further personal data necessary for the performance of such services and/or authentication such as (further contact details for certain issues, operational and technical plant data, bank account details)
• Information that we obtain through your use of Next services - we will also collect information about how you use our services via the Customer Portal. Such information may include electronic device information, IP addresses, log information, browser type and preferences, location information, online identifiers to enable ‘cookies’ and similar technologies and data with regard to the plant/technical unit operation during our business relationship, such as feed-in/off-take profiles, outtake information and other operational data;
• Information gathered through external sources - in order to ensure we have the most up to date information to provide our services we may also compare or combine the technical and operational plant data provided by you or gathered during the business relationship with data provided by your electricity grid operator and other relevant shareholders in the energy market.;
• Information gathered through social media pages - When you communicate with us through a Next Social Media Page (for example, when you comment on, share or react to a post, upload media, send a personal message or subscribe to a Next Social Media Page), we may receive personal data about you such as your user name, profile picture, hometown, email address and gender. We will use any personal data received from social media in accordance with this Privacy Notice.

Screening

In addition, in order to comply with legal and regulatory obligations, to protect Next’s assets and employees/contractors and specifically to ensure that Next can comply with trade control, anti-money laundering and/or bribery and corruption laws and other regulatory requirements, we carry out screening (pre-contract and on a periodic basis post-contract) on owners, shareholders and directors of our Business Cutomers, Suppliers and Business Partners. This screening takes place against publicly available or government issued sanctions lists and media sources.

The screening does not involve profiling or automated decision making in relation to the counter-parties or potential counter-parties.
 

Who is responsible for any personal data collected?

Next Kraftwerke Belgium BV/SRL
Koningslaan 107
Gebouw/Bâtiment: Forest Factory
1190 Brussel
Belgium
Phone: +32 (0) 2 342 02 68
E-Mail: datenschutz@next-kraftwerke.de
Website: www.next-kraftwerke.be

For what purposes do we process your personal data?

We process personal data covered by this Privacy Notice for the following purposes:

• Business execution - including providing, researching, developing and improving products or services; concluding and executing agreements with Business Customers, Suppliers and Business Partners; recording and settling services, products and materials to and from Next; managing relationships and marketing such as maintaining and promoting contact with existing and prospective customers, account management, customer service, and development, execution and analysis of market surveys and marketing strategies;
• providing our products and delivering our services to you;
• managing relationships and marketing such as maintaining and promoting contact with you via our Newsletter or other marketing channels
• performance of and analysis of market surveys and marketing strategies;
• customer service and development of our products and services
• account management including account verification (that is, ensuring that only you or someone you have authorized can access your account and information);
• Organisation and management of the business – including financial management, asset management, mergers, demergers, acquisitions and divestitures, implementation of controls, management reporting, analysis, internal audits and investigations;
• Health, safety and security – including protection of an individual’s life or health, occupational health and safety, protection of Next and staff, authentication of individual status and access rights; or
• Legal and/or regulatory compliance – including compliance with legal or regulatory requirements.

or for a secondary purpose where it is closely related, such as:

• storing, deleting or anonymising personal data;
• fraud prevention, audits, investigations, dispute resolution or insurance purposes, litigation and defence of claims; or
• statistical, historical or scientific research.

Communication and Marketing

Business Customers/Suppliers/Business Partners

You may receive offers on behalf of the relevant Business Customer, Supplier or Business Partner. On all occasions you will be given the opportunity to use the unsubscribe functionality through the different digital channels we use to interact with you.

Individual Customers

If you have consented to receive communications from Next (or if you have previously purchased goods/and or services from us and permitted by local law), you may receive offers that are tailored towards your preferences based on the information gathered about you from the various sources described above in order to provide you with better products and increasingly tailored services.
We may send you service updates and notifications without your advance consent only where such updates and/or notifications are necessary for the proper functioning of the Next Customer Portal that you use.

You may receive pertinent offers and communications by different channels. On all occasions you will be given the opportunity to use the unsubscribe functionality through the different digital channels we use to interact with you.

Why do we process your personal data?

The personal data covered by this Privacy Notice are only processed:

• in order to take steps at the request of an individual prior to entering into a contract;
• where it is necessary to perform our service contracted by you or conclude a transaction with you;
• where it is necessary to comply with a legal or regulatory obligation to which Next is subject to;
• where it is necessary for the purposes of the legitimate interests pursued by Next, except where such interests are overridden by the interests or fundamental rights and freedoms of the individual/s; or
• (only if legally required) with the explicit consent of the individual.

In those cases where processing is based on consent, and subject to applicable local law which provides otherwise, you have the right to withdraw your consent at any time. This will not affect the validity of the processing prior to the withdrawal of consent.

Security of your personal data

We have implemented technology and policies with the objective of protecting your privacy from unauthorized access and improper use. In particular, we may use encryption for some of our services, we apply authentication and verification process for access to Next services and we regularly test, assess and evaluate the effectiveness of our security measures.

Who will we share your personal data with?

The personal data covered by this Privacy Notice are exclusively processed for the purposes referred to above and will only be shared on a strict need to know basis with:

• Any company that is a member of our group of companies, which includes our ultimate parent company Royal Dutch Shell Plc, where necessary for the service provision by us, internal administrative purposes, corporate strategy, auditing and monitoring, sanctions screening and research and development.
• Authorized third party agents, service providers, external auditors and/or subcontractors of Next or
• A competent public authority, government, regulatory or fiscal agency where it is necessary to comply with a legal or regulatory obligation to which Next is subject to or as permitted by applicable local law.
• Any person to whom Next proposes to transfer any of its rights and/or duties.

Transfers of your personal data to other countries

Where your personal data have been transferred to companies within the Shell group and/or to authorized third parties located outside of your country we take organizational, contractual and legal measures to ensure that your personal data are exclusively processed for the purposes mentioned above and that adequate levels of protection have been implemented in order to safeguard your personal data. These measures include Binding Corporate Rules for transfers among the Shell group and for Shell companies in the EU, European Commission approved transfer mechanisms for transfers to third parties as well as any additional local legal requirements. You can find a copy of the Shell Binding Corporate Rules at https://www.shell.com/privacy.html or by contacting privacy-office-SI@shell.com.

What are the consequences of not providing your personal data?

Where you choose not to provide us with information set out above for the purposes of using Next services the only consequence is that it will affect your ability to fully interact with the Next services.

How long do we hold your personal data for?

Personal data processed by us in line with this Privacy Notice will be deleted or rendered anonymous (such that it will no longer be possible to identify you);

1. without undue delay upon you requesting that; or
2. 3 years after the end of the year your business relationship or contact with Next has ended.

In relation to financial transactions and contract , your personal data will be held for 10 years from the end of the year of the transaction or contract and in relation the screening against publicly available or government issued sanctions lists and media sources, such personal data are held for no longer than 15 years after it was first gathered.

In all cases information may be held for (a) a longer period of time where there is a legal or regulatory reason to do so (in which case it will be deleted once no longer required for the legal or regulatory purpose) or (b) a shorter period where the individual objects to the processing of their personal data and there is no longer a legitimate business purpose to retain it.

Your rights in relation to your personal data

We aim to keep our information as accurate as possible. You can request:

• access to your personal data;
• correction or deletion of the personal data (but only where they are no longer required for a legitimate business purpose);
• that you no longer receive marketing communications on behalf of the relevant Business Customer, Supplier or Business Partner;
• that the processing of your personal data is restricted; and/or
• that you receive personal data that you have provided to Next, in a structured, digital form to be transmitted to another party, if this is technically feasible.

To make any of these requests, please contact datenschutz@next-kraftwerke.de

Who can you contact if you have a query, concern or complaint about your personal data?

If you have any issues, queries or complaints regarding the processing of your personal data contact Next GmbH, Data Privacy Officer, Lichtstraße 43 g, 50825 Köln
Datenschutz@next-kraftwerke.de.

You may also contact the Shell Group Chief Privacy Officer at Shell International B.V. The Hague, The Netherlands – Trade Register, No. 27155369 Correspondence: PO Box 162, 2501 AN, The Hague.

If you are unsatisfied with the handling of your personal data by Next , then you have the right to lodge a complaint to your local data protection authority (if there is one) or the Dutch Data Protection Authority whose address is Prins Clauslaan 60, 2595 AJ The Hague, The Netherlands. Please visit the folllowing website for more information.

Cookies and similar technologies

Next may use cookies and similar technologies that aim to collect and store information when you visit a Next’s website. This is to enable Next to identify your internet browser and collect data on your use of our website, which pages you visit, the duration of your visits and identify these when you return so that we improve your experience when visiting our website(s). You can control and manage your cookies preferences by adjusting your browser settings on Next’s websites – for more information, please refer to the Next Cookie Policy at the Next Homepage.

Changes to this Privacy Notice

This Privacy Notice may be changed over time. You are advised to regularly review this Privacy Notice for possible changes.

This Privacy Notice was last updated on 30.07.2021.