Legal notice

Introduction

Tree Energy Solutions B.V., a private limited company organized and existing under the laws of the Netherlands, having its registered office at Schiphol at the Boulevard 127, Office A4.03 (1118 BG), the Netherlands, and registered with the chamber of commerce under registration number 80208444 (“TES”, “we”, “us”, “our”) is committed to protect and respect your privacy. We respect and value your privacy and will only collect and use personal data in the manner and for the purposes as described in this document and that is consistent with our obligations and your rights under the applicable legislation and regulations.
This privacy notice applies to the processing activities of TES, its affiliates and to our use of any personal data which we may collect from you via this website, or which we may otherwise collect from you through any other means, such as email, phone or face to face communications. In addition, this privacy notice also applies to any information which we may collect about you from third party sources in the course of operating our business.
This privacy notice inform you on why and how we collect and process your personal data, who will have access to it, and which rights you have. From time to time, we may need to update this privacy notice. This may be necessary, for example, if the law changes or if we change our business in a way that affects the way we process personal data. The most recent version of this privacy notice, which is always the version that will apply, will always be available on our website tes-h2.com (https://tes-h2.com/).
Any questions, complaints or comments about this Privacy Policy or the way we handle your personal data can be sent by post to the address mentioned above or (preferably) by e-mail to privacy@tes-h2.com (mailto:privacy@tes-h2.com).

The role of TES when processing personal data

For the purpose of the EU General Data Protection Regulation 2016/679 (GDPR), we qualify as ‘the controller’ for all our processing activities in scope of this privacy notice, and our suppliers will act as our processors under our instructions. This includes the processing of personal data to manage our client and other business relations, as well as the processing of personal data on the public part of the TES website.

This means that TES will be the main responsible for e.g. the lawful and transparent processing of this personal data (incl. obtaining informed consent if legally required). We will take the lead in handling data subject rights requests or data breaches registered by us or our processors.


How do we collect this personal data?

We may collect information about you in various ways:
  • directly from you, for example when you provide us with your personal information by contacting us or when a contact person provides his/her personal data by email or by means of a business card;
  • directly from you when you visit our website tes-h2.com (https://tes-h2.com/) which may include information you provide to us by means of contact forms on that website;
  • from third parties, for example where we obtain your contact details from your employer and/or colleagues, external advisers, headhunters, recruitment agencies, and other third parties such as, but not limited to, Sendinblue, Teamtailor, Raidboxes.io, Sanity.io, Vercel, Google Analytics and Radscheit Gmbh; or
  • otherwise, for example, from your website or advertisements.


    Legal grounds
The legal grounds used for our processing activities are:
  • the processing is necessary for the performance and execution of a contract with you (for example, for the pre-contractual recruitment phase of when you are a business relationship);
  • the processing is necessary for compliance with legal obligations (including our obligations under applicable tax laws, our legal administration obligations, to cooperate with supervisory authorities); or
  • the processing is necessary for our legitimate (business) interests.
If applicable laws require so, we will process your personal data upon your (explicit) consent (for example, to use non-essential cookies), in which case you will have the right to withdraw your consent at any time.

Your information
  • Personal data
  • Purpose
  • Names;
  • Contact details, including but not limited to addresses, telephone numbers and email addresses;
  • Position/job title;
  • Signatures;
  • Business/company information;
  • Excerpts of registers (public or not, for example excerpts from the Chamber of Commerce).
  • to identify you
  • Names;
  • Contact details, including but not limited to addresses, telephone numbers and email addresses;
  • Position/job title;
  • Signatures;
  • Business/company information;
  • Excerpts of registers (public or not, for example excerpts from the Chamber of Commerce).
  • in order to enter into and execute the agreement / services and the management of relationships resulting therefrom
  • Names;
  • Position/job title;
  • Business/company information;
  • Geographical location.
  • the execution of activities aimed at increasing/improving the client database
  • Names;
  • position/job;
  • other (personal) information you provide if you send us an email or fill out the contact form on our website.
  • to contact you / to communicate with you, for example via email correspondence and/or telephone calls
  • Payment information/bank account details;
  • Names;
  • Signatures.
  • financial administration and tax administration purposes, to send you our invoices, to collect debts
  • Names;
  • Contact details, including but not limited to addresses, telephone numbers and email addresses;
  • Position/job title;
  • Signatures;
  • Business/company information;
  • Excerpts of registers (public or not, for example excerpts from the Chamber of Commerce);
  • Payment information/bank account details.
  • to deal with possible disputes, to establish, defend and exercise our (legal) position
  • Names;
  • Position/job title;
  • Business/company information;
  • Geographical location.
  • for purposes of business continuity
  • Names;
  • Position/job;
  • Other (personal) information you provide if you send us an email or fill out the contact form on our website.
  • For marketing purposes, to inform you of new or similar products or services and to run and coordinate promotional events.
  • Names;
  • Position/job title;
  • Business/company information;
  • Online identifiers and online behaviour on our websites via cookies & other tracking technology (see our Cookie Policy).
  • To conduct research and analysis and to improve our services, products, webstore and the quality thereof.

Do we transfer and/or share your personal data?

Within TES access to personal data is limited to those persons who, due to their function, need to have access to it, such person respecting the confidential nature of that personal data.
In the context of the purposes as listed above, we may share your personal data with third parties in the following situations:
  • We may share your personal data with other local group companies. A list of local group companies may be found here tes-h2.com (https://tes-h2.com/). We will only share your personal data with other local group companies if this is absolutely necessary in order to enter into and execute the agreements and the management of relationships resulting therefrom, including the execution of activities aimed at increasing/improving the client database.
  • We will share personal data we process for our own business activities with third parties that support us as our (sub)processors (like online platform partners, business/legal advisors, IT and website providers, HR advisors) insofar they need the personal data for their support. We have contractual arrangements in place with those third parties to make sure they respect the applicable data protection law.
  • Our website(s) may provide links to third-party websites (e.g. social media) which collect personal data like online identifiers and online behaviour as well. You should be aware that the owners and operators of such third-party websites might collect, use or transfer personal data under different terms and conditions than TES. Upon linking to a third-party website, you should inform yourself of the privacy policies of such third-party websites.
  • In some limited circumstances, we will share personal data with competent authorities who are authorised to request such information or to whom we have to disclose information, as required by law or as a result of legal proceedings or court proceedings.
  • TES may share your personal data with third parties like legal advisors, debt collection agencies and competent courts if we determine that such disclosure is reasonably necessary to enforce our terms and conditions or to legally protect our other legitimate business interests.
  • In the event of a reorganisation, merger or sale of TES, we may transfer all the personal data on our systems to the third party that acquires, becomes part of or absorbs TES, and that continues the activities of TES for which those personal data were lawfully processed. We may also share certain personal data with that third party beforehand insofar this fits the legitimate purpose of conducting a due diligence.
  • TES may transfer your personal data to you or any other party you appoint, at your request (see ‘What are your data protection rights?’ below) or with your consent.
We will implement safeguards to ensure the protection of your personal data when disclosing your personal data to a third party. For example, we will enter into data processing agreements with relevant parties (providing for restrictions on the use of your personal data and obligations with respect to the protection and security of your personal data).

How long will we keep your personal data?
We will not store or keep your personal data for a longer period than is necessary in light of the purposes for which we process them. Only where we are legally obliged to, or where this is necessary for defending our interests in the context of judicial proceedings, we will store the personal data for longer periods.
More specifically, the following storage periods apply:
Category of personal data
Storage period
Name and contact details, job/position, signature (contained in contracts)
10 years after our contracting/business relationship ended.
Invoices and other financial documents
10 years after the date of the invoice.
Email / contact form
The data you send will be stored as long as the nature of the form or the contents of your email is required in order to fully answer and process them.
Personal data of candidates
Until the end of the recruitment process, unless this candidate becomes an employee or consents to have their data stored for a longer time.

How do we protect your personal data?

We have implemented the necessary administrative, technical and organizational measures for ensuring a level of security appropriate to the specific risks that we have identified. We protect your personal data against destruction, loss, alteration, unauthorized disclosure of or access to personal data transmitted, stored or otherwise processed. More specifically, we have taken the following measures: restriction of access, security passwords, confidentiality agreements with our employees, professional anti-virus software, firewalls, locks on cupboards, offices and buildings, restrictions on the use of internet, the timely execution of software updates, periodically making backups and camera surveillance.
To ensure the accuracy of the personal data we process, we kindly request that you inform us of any changes to your personal data (such as a change in your contact details).

What are your data protection rights?

If and to the extent provided under applicable European data protection law (which contains various exemptions), you shall have the right:
  • to obtain confirmation as to whether or not your personal data is being processed and, where that is the case, you shall have the right to obtain further information about such processing as well as the right to obtain a copy of your personal data (or in some cases have your personal data transferred to another controller);
  • to obtain the rectification of inaccurate personal data and to have incomplete personal data completed ;
  • to obtain the erasure of personal data that is not/no longer lawfully processed;
  • object to (part of) the processing of your personal data (especially any processing for direct marketing purposes) if the processing was based on legitimate interests;
  • the restriction of (part of) the processing of your personal data in certain cases (e.g. while we are assessing whether we should indeed rectify or stop processing your personal data); 
  • to object or get more information on our use of your personal data for automated individual decision-making that applies to you. We currently do not undertake any automated individual decision-making; and
  • data portability (receive your personal data in a structured, commonly used and machine-readable format and to (have) transmit(ted) your personal data to another organization).
To exercise one of these rights, please send your request in an email to privacy@tes-h2.com (mailto:privacy@tes-h2.com) or via written post to Tree Energy Solutions B.V., Boulevard 127, Office A4.03 (1118 BG), Schiphol, the Netherlands. Please note that we have an obligation to check your identity through reasonable means and that we may not be able to meet your request if we cannot identify you in our datasets. If we believe that we are not legally required to meet your request, we will explain this to you in our reply.
If you feel we have wrongfully denied your request, you shall have the right to lodge a complaint with the competent data protection authority.
  • The Netherlands: https://autoriteitpersoonsgegevens.nl/nl/zelf-doen/gebruik-uw-privacyrechten/klacht-melden-bij-de-ap (https://autoriteitpersoonsgegevens.nl/nl/zelf-doen/gebruik-uw-privacyrechten/klacht-melden-bij-de-ap).
  • Belgium: Klacht indienen | Gegevensbeschermingsautoriteit (https://www.gegevensbeschermingsautoriteit.be/burger/acties/klacht-indienen).
  • Germany: website: http://www.bfdi.bund.de/ (http://www.bfdi.bund.de/).
  • United Kingdom: (https://autoriteitpersoonsgegevens.nl/nl/zelf-doen/gebruik-uw-privacyrechten/klacht-melden-bij-de-ap)https://ico.org.uk/make-a-complaint/ (https://ico.org.uk/make-a-complaint/)
  • If you live or work outside of the EU or the UK or you have a complaint concerning our activities outside of the EU or the UK, you may prefer to lodge a complaint with a different supervisory authority. A list of relevant authorities in the EEA can be accessed here (http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm).

Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy set out on our website https://tes-h2.com/cookie-policy/.

Cookie Policy

This Cookie Policy explains how we use cookies and similar technologies to recognize you when you visit the website www.tes-h2.com (our site). It explains what these technologies are and why we use them, as well as your rights to control our use of them.
What are cookies?
As is common practice with almost all professional websites our site uses cookies, which are small data files that are placed on your computer or mobile device when you visit a website to improve your experience.
Cookies set by Tree Energy Solutions B.V. and its subsidiaries (“TES, we or us”) are called “first party cookies”. Cookies set by parties other than us are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.
Why do we use cookies?
We use cookies for a variety of reasons detailed below, but only collect cookies that are absolutely necessary. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.
We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our site to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the user experience on our site. Third parties serve cookies through our site for advertising, analytics and other purposes. This is described in more detail below.
The specific types of first and third party cookies served through our site and the purposes they perform are described below:
“Strictly necessary” cookies, which have to be set to allow us to deliver the site to you and to provide specific services that you request from us. The services offered by this site that require cookies to function include: account log-in (if and when available) and comments/blog features.
“Performance” or “Analytics” cookies, which help us to collect information about how visitors use our site and helps us with site analysis and improvements. Performance or analytics cookies will remain on your computer after you close your browser.

“Functionality” cookies, which allow our site to remember your choices or preferences, such as information on online forms. These cookies allow us to offer you a personalized experience while using the site. They are not used to track your browsing activity on other websites.
“Targeting” cookies, which are used to deliver advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of advertising campaigns. They are usually placed by advertising networks with our permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization. So, basically, these cookies collect information about your browsing habits in order to make advertising relevant to you and your interests.
What about other tracking technologies, like web beacons?
Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our site or opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users within our site, to deliver or communicate with cookies, to understand whether you have come to our site from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

Google Analytics
This website makes use of Google Analytics, a web analysis service that is provided by Google Inc. Google Analytics uses 'cookies' to help analyse in what way users are using the website. The information about your use of the website generated by the cookie (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google uses this information to track how you use the website, to set up reports about the website activities for website operators and to offer other services relating to website activity and internet usage. Google may transfer this information to third parties if required to do so by law, or when third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. For more information, please read Google's privacy policy, as well as the specific privacy policy of Google Analytics.
If you want to prevent Google Analytics cookies from being placed on your computer when you visit our website, you can download and install the Google Analytics Opt-out Browser Add-on. Here you can find more information about opting out and how to correctly install the browser add-on.

Facebook
We also use Facebook Pixel. Facebook Pixel is a tracking code cookie provided by Facebook. It allows us to track which advert brought you to our website and which pages you visited on it. It helps us to make our advertisement campaigns more efficient. We act as joint controllers together with Facebook for the collection and processing of your personal data and the transfer thereof to Facebook as described here https://www.facebook.com/about/privacy. We note that you have the right to contact both Facebook and us for any questions or requests relating to the processing of your personal data in this context, or to exercise your rights. If you contact us your request and relevant information shall also be transferred to Facebook.
For more information and the Terms and conditions as agreed upon by us and Facebook in this respect we refer to: https://www.facebook.com/legal/controller_addendum.
How can you control cookies?
You have the right to decide whether to accept or reject cookies. Furthermore, cookies that are stored on your computer can be deleted at any time. Click on one of the links below to find out how to do this. It is important to know that the use of cookies on our website is safe. Cookies do not result in spam or unwanted e-mails or phone calls. Our cookies are not used to build a personal profile. Be aware that disabling cookies may affect the functionality of this and many other websites that you visit.
  • Chrome
  • Microsoft Edge
  • Internet Explorer
  • Firefox
  • Safari
  • Opera
How often will we update this Cookie Policy?
We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.
The date at the top of this Cookie Policy indicates when it was last updated.
Where can I get further information?
If you have any questions about our use of cookies or other technologies, please contact us at privacy@tes-h2.com.
What Cookies do we use on our site?
The bottom of this Cookie Policy lists the first-party cookies in use.