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Privacy Policy of FUERGY Industries j. s. a. – Provision of Warranty and Post-Warranty Service in Relation to Infimeo Products

This Privacy Policy applies to natural persons to whom FUERGY Industries j. s. a., with its registered office at Pribinova 34, 821 09 Bratislava – Staré Mesto, Slovak Republic, Company ID: 52083799, registered in the Commercial Register of the City Court Bratislava III Section Sja, Insert No.: 65/B (hereinafter “FUERGY Industries j. s. a.,” “we,” “us,” or “our,” as appropriate), issues a warranty certificate (declaration of warranty conditions for the installation of battery energy storage systems intended for natural persons – consumers) and/or provides warranty and/or post-warranty service in relation to Infimeo products and/or enters into the relevant contract and/or order with such persons for this purpose.

By signing the relevant contract and/or order, and/or signing to acknowledge receipt of the warranty certificate, and/or by checking the box “I agree to the Privacy Policy,” you confirm that you have read, understood, and agreed to this Privacy Policy. This Privacy Policy is intended for natural persons as well as legal entities, including commercial companies and others. This Privacy Policy takes into account Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”), as well as Slovak Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Supplements to Certain Acts, as amended (hereinafter the “Act”). In the event that this Privacy Policy does not regulate certain rights and obligations at all, or regulates them differently from the provisions of the GDPR and/or the Act, the relevant provisions of the GDPR and/or the Act shall apply irrespective of the provisions contained or not contained in this Policy.

Please note that granting consent to the processing of your personal data as described in this Privacy Policy is a necessary requirement for FUERGY Industries j. s. a. to fulfill its obligations under applicable statutory duties. Therefore, our services cannot be provided unless you grant your consent by checking the box: “I hereby consent to the processing of my personal data” in accordance with the GDPR and the Act (for the avoidance of doubt, this requirement does not apply to a signed contract, where the legal basis for processing is the contract itself and the necessity of its performance, not your consent).

If we make any changes to this Privacy Policy, we will notify you by updating the “Last Updated” date above and publishing a notice on the website, which you are required to accept.

To receive our services, you must (a) be 18 years of age or older (please note that special age restrictions may apply in certain countries) or have parental or guardian consent to these terms, and (b) have the legal capacity to enter into a binding legal relationship with us under applicable laws and regulations.

The protection of personal data of natural persons (hereinafter “Data Subjects”) is our highest priority. It is very important that you understand how and why we collect, use, and share data about Data Subjects who access or use the website, or otherwise interact with us. We have implemented appropriate technical and operational measures to protect the personal data we hold against unauthorized access and misuse. Our security procedures are regularly reviewed and updated in accordance with technological developments.

Information About Data Subjects That We Collect

We primarily collect the personal identification data of the Data Subject provided in the contract and/or order and/or warranty certificate.

You may also choose to provide us directly with additional information.

The information we collect about you will be processed for the period necessary to achieve the purposes for which such information is processed. The consent you provide us for the purpose of processing your personal data is valid from the date it is given until ten (10) years after the termination and expiration of the relevant contract or the end of the warranty period, unless you revoke your consent earlier, in accordance with this Privacy Policy and applicable legal rights. We do not intend to process special categories of data, such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, nor to process genetic data, biometric data for the purpose of uniquely identifying a natural person, health-related data, or data concerning the sex life or sexual orientation of a natural person, unless the Data Subject has explicitly consented to the processing of such data.

We take appropriate measures to help protect the information of Data Subjects against loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.

How We Process Your Personal Data

We process your personal data for various purposes depending on how you interact with our website and/or services, including but not limited to the following:

Provision and Facilitation of Services to the User: Your data may be processed in order to provide you with the requested service.
Responding to User Inquiries / Providing User Support: Your data may be processed to respond to your questions and resolve any issues you may have with the requested service.
Sending Administrative Information: Your data may be processed in order to provide you with details regarding our products and services, changes to our terms and policies, and other similar information.
Requesting Feedback: If necessary, your data may be processed in order to request feedback and contact you in connection with your use of our website.
Protection of Vital Interests of Data Subjects: Your data may be processed if necessary to protect the vital interests of a natural person, for example, to prevent harm.
Compliance with Archiving and Statistical Obligations: Your data may be processed if necessary to fulfill obligations that are binding on our company and established by applicable laws regarding corporate and related archiving and preparation of statistical data.

Legal Bases for Processing Your Personal Data

The General Data Protection Regulation (GDPR) and the applicable law require us to explain the legal bases on which we rely when processing your personal data. Accordingly, we may rely on the following legal bases when processing your personal data:

Consent: We may process your personal data if you have given us permission (i.e., consent) to use your personal data for a specific purpose. You may withdraw your consent at any time.
Legitimate Interests: We may process your personal data if we consider it necessary for the purposes of our legitimate business interests, provided that such interests do not override your interests or fundamental rights and freedoms. Your personal data may be processed for some of the purposes described, for example, to:
a) Send users information about special offers and discounts for our products and services;
b) Analyze the use of our website and improve it to attract and retain users;
c) Diagnose issues and/or prevent fraudulent activity;
d) Understand how our users interact with our products and services in order to enhance their user experience.
Compliance with Legal Obligations: We may process your information if we consider it necessary to fulfill our legal obligations, for example, to cooperate with law enforcement or regulatory authorities, to assert or defend our legal rights, or to disclose your data as evidence in legal proceedings in which we are a party.
Vital Interests: We may process your information if we consider it necessary to protect your vital interests or the vital interests of another person, for example, in situations involving a potential threat to anyone’s safety.
Performance of the Contract.

How We Share Information

We will not share, sell, or provide your personal data to third parties, except in the following circumstances:
a) We may share information in response to requests for information if we believe that disclosure is required or permitted by applicable law, regulation, legal process, or a governmental request (and we will attempt to notify you in advance to the extent legally permitted).
b) we may share information between us and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership.
c) We may share information with your consent or at your direction.
d) We may share aggregated or anonymized information that cannot reasonably be used to identify you.

Recipients of your personal data may include: entities to whom Fuergy is legally obliged to provide your personal data, entities cooperating with Fuergy for the purpose of administrative and technical support, entities cooperating with Fuergy for the support, management, and development of information systems, entities cooperating with Fuergy for the purposes of external audits, the company providing Microsoft Office 365, including Outlook, professional consultants and advisors bound by statutory and/or contractual confidentiality obligations.

Personal data may also be processed for other purposes, such as in the exercise of data subject rights under the GDPR, in contentious or non-contentious proceedings, if personal data is requested by public authorities, in the case of suspected or actual personal data breaches and for the purpose of investigating them, for senders and recipients of correspondence, and other persons indicated in correspondence.

Transfer to Other Countries

Your personal data is transferred, processed, and stored on servers located in the Slovak Republic. We may instruct third parties located in countries other than your home country to process your data or share your data with them. By accessing the website, you acknowledge and accept that your personal data may be processed, transferred, and stored in countries where you may not have the same rights as under local law.

Your personal data will not be transferred to countries that do not provide an adequate level of data protection (hereinafter “third countries”).

Transfers may occur in the case of Microsoft (cloud service provider of Office 365), with which the controller has concluded a Data Processing Addendum (DPA) https://www.microsoft.com/licensing/docs/view/Microsoft-Products-and-Services-Data-Protection-AddendumDPA?lang=29. Microsoft primarily processes all personal data within the EEA; however, some of its subcontractors are located in third countries, such as the USA https://www.dataprivacyframework.gov/. Microsoft uses standard contractual clauses or European Commission adequacy decisions as transfer mechanisms. More information on Microsoft’s data protection practices can be found at https://learn.microsoft.com/en-us/compliance/regulatory/gdpr.

How We Keep Your Data Safe

We have implemented appropriate and reasonable technical and organizational security measures to protect the security of all personal data we process. Despite these measures and our efforts to secure your information, the absolute security of any electronic transmission over the Internet or information storage technology cannot be guaranteed. Therefore, we cannot promise or ensure that hackers, cybercriminals, or other unauthorized third parties will not bypass our security and unlawfully collect, access, steal, or alter your data. Even though we take all reasonable measures to protect your personal data, any transmission of personal data to and from our services is at your own risk. You should only access the website in a secure environment.

Data Subject Rights

As a data subject, you have the right to request access to your personal data, its rectification or erasure, restriction of processing, or to object to processing, as well as the right to data portability (where technically feasible). You also have the right to lodge a complaint with the competent supervisory authority.

Right to Rectification: The right of the data subject to obtain the correction of inaccurate personal data concerning them without undue delay.

Right to Erasure: The right of the data subject to obtain the deletion of personal data concerning them without undue delay if:
a) The personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
b) The user withdraws consent on which processing is based, and there is no other legal basis for processing;
c) The data subject objects to processing, and there are no overriding legal grounds for processing;
d) The personal data have been unlawfully processed;
e) The personal data must be erased to comply with a legal obligation;
f) The personal data were collected in connection with the offer of information services.

The exercise of the right to erasure is subject to the applicable restrictions set forth by the applicable law.

Right to Restrict Processing: The data subject has the right to restrict processing if:
a) They contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data;
b) Processing is unlawful, and the data subject opposes the erasure of personal data and requests restriction instead;
c) The personal data are no longer necessary for processing purposes, but the data subject requires them to establish, exercise, or defend legal claims;
d) The data subject has objected to processing, pending verification of whether our legitimate grounds override the data subject’s legitimate grounds.

Right to Data Portability: The data subject has the right to receive personal data concerning them that they provided to us and to transmit those data to another controller, if technically feasible, where processing is based on consent or contract and is carried out by automated means.

Right to Object: The data subject has the right to object at any time, for reasons related to their particular situation, to the processing of personal data concerning them, including profiling based on the applicable legal provisions.

Direct Marketing: Where personal data are processed for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning them for such marketing, including profiling to the extent related to such direct marketing.

Automated Decisions: Subject to applicable legal limitations, the data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.

Withdrawal of Consent

If your personal data are processed based on your consent, you have the right to withdraw that consent at any time. You may withdraw consent by contacting us using the contact details provided in these Privacy Policy terms.

Please note that this will not affect the lawfulness of processing carried out prior to the withdrawal, nor processing based on other legal grounds for processing, other than consent.

Additionally, you have the right to file a complaint with the Office for Personal Data Protection of the Slovak Republic under §100 et seq. of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments to Certain Acts, as amended. The Office’s address is: Nám 1. mája 18, 811 06 Bratislava, www: https://dataprotection.gov.sk/, e-mail: statny.dozor@pdp.gov.sk.

You can withdraw your consent:

By sending a withdrawal to legal@infimeo.com,
By registered mail or courier to the controller’s registered office: FUERGY Industries j. s. a., Pribinova 34, 811 09 Bratislava,
In person at the controller’s registered office listed in Section 2.

ENQUIRIES AND CONTACT INFORMATION
Questions or comments regarding this Policy or the Website may be sent to legal@fuergy.com or in writing or in person to the registered office of FUERGY Industries j. s. a., Pribinova 34, 811 09 Bratislava.

Responses to the data subject or measures taken based on their request are provided free of charge. If the data subject’s request is manifestly unfounded or excessive, in particular because of its repetitive nature (repeated request), FUERGY has the right to charge a fee taking into account its administrative costs of providing the information or a reasonable fee taking into account its administrative costs of notification or of carrying out the requested action, or it has the right to refuse to act on such a request.

The data you provide to us is provided for the purpose of handling your request and interest in Infimeo products and services to the company Stredoslovenská energetika, a.s., Pri Rajčianke 8591/4B, 010 47 Žilina, Company ID: 51 865 467, registered in the Business Register of the District Court Žilina, Section Sa, Insert No. 10956/L (hereinafter referred to as “SSE”), and without providing your data to SSE it is not possible to further process your request, inquiry, or interest in Infimeo products and services. For this purpose, we inform you that the SSE Privacy Policy can be found at the following link: https://www.sse.sk/buxus/docs/dokumenty/gdpr/IP-nekomodita.pdf

These Privacy Policy terms are available on the website www.infimeo.com and in printed form at the Data Controller’s registered office at the above address.

Effective Version Date: May 29, 2025