Disclosures in accordance with section 25 Mediengesetz [Media Act], the ECG [E-commerce Act], GewO [Industrial Code] and UGB [Austrian Business Code]

APCS Power Clearing and Settlement AG
Palais Liechtenstein, Alserbachstraße 14-16
1090 Vienna

Tel.: +43 1 907 46 12-0
Fax: +43 1 319 07 01-311
Email: office@apcs.at

Legal form: public limited company
Reg. no: FN 196976x
Company register court: Vienna Commercial Court
Domicile: Vienna
VAT no: ATU 50904909

Object of business:
In its capacity as a balance group coordinator (BGC), APCS Power Clearing and Settlement AG acts as the imbalance settlement responsible of the APG control area. Its responsibilities comprise the administration of balance groups in organisational, and clearing and settlement terms, as well as the calculation and allocation of imbalance energy. The BGC is responsible, in conjunction with the market participants, grid operators and control area manager, for maintaining an orderly, impartial and data secure balancing market.

The Electricity Act 2010 (ElWOG 2010) and Gas Economy Act (GWG 2011) assigned a new task to the balance group coordinator who must install and operate a platform available to the market participants, including distribution gid operators, suppliers, and balancing group representative(s) (BGR). The processes for supplier switching or enabling and disabling metering points which are executed on the platform are specified by the regulatory authority Energie-Control Austria.

Management Board:
Wolfgang Aubrunner
Dipl.-Ing. Franz Keuschnig, MBA
MMag. Josef Holzer

Supervisory Board:
Link

Ownership:
Link

Regulatory authority:
Energie-Control Austria

Basic direction: 
Branch and company-related information for APCS contractual partners and all market participants.

Design and implementation: 
CISMO Clearing Integrated Services and Market Operations GmbH
APCS-Logo by Mag. Petra Kampel

Photo credit:
https://stock.adobe.com

Disclaimer
APCS accepts no liability for the information provided on its websites, such as downloads or other content that is either used directly or indirectly from the APCS websites or can be accessed from them. This information cannot replace professional and individual (legal) advice. APCS is not liable for incorrect or missing information on the APCS websites; decisions made on the basis of the content provided are therefore the sole responsibility of the respective user. In particular, APCS is not liable for direct, specific damage or consequential damage or other damage of any kind arising – for whatever reason – in connection with the indirect or direct use of the information provided on the APCS websites. All content has been carefully compiled and is continuously updated. Nevertheless, it cannot be ruled out that information may be incomplete, out of date or incorrect.
The content provided may be changed or supplemented at any time without notice. External content referred to via hyperlinks is not within the sphere of influence or responsibility of APCS. APCS does not warrant or guarantee that the APCS website or its content will be available without interruption or at all, that it will be error-free or that errors will be corrected, nor does it warrant or guarantee that the APCS websites are free of viruses or other dangerous components. APCS is entitled to discontinue the websites in whole or in part and/or to modify the content at its discretion. There is no entitlement to the use or maintenance of the APCS websites. APCS expressly excludes any liability for damages of any kind arising from the provision of the APCS websites or the tools, to the extent permitted by law.

Note in accordance with the Equal Treatment Act
For reasons of easier readability and comprehensibility, differentiated references to persons are sometimes omitted in terms, designations and functions, and the shorter, masculine form is used. It goes without saying that all texts published on this website are addressed to both genders equally.

Property rights:
Unless otherwise stated, APCS holds the copyright and all copyright usage rights to all documents and files provided on the APCS websites. No licence or other right is granted to anyone with regard to any property rights.

Privacy policy:
The protection of personal data is a key principle in the daily work of APCS Power Clearing and Settlement AG, Palais Liechtenstein, Alserbachstraße 14-16, 1090 Vienna, (‘APCS’).

Responsible party:
APCS Power Clearing and Settlement AG

APCS processes your personal data for the following purposes, based on the following legal grounds:

According to Article 6(1)(a) of the General Data Protection Regulation (EU) No. 2016/679 ("GDPR"/“DSGVO”), based on your consent:
If you have given your consent, the processing of your personal data will only take place for the purposes and to the extent specified in that consent. You may withdraw your consent at any time with future effect and without incurring any costs.

According to Article 6(1)(b) GDPR, for the performance of contractual obligations, and according to Article 6(1)(c) GDPR, for compliance with legal obligations:
APCS processes personal data for the purpose of entering into, performing, and terminating contracts, including pre-contractual and post-contractual measures.
In connection with fulfilling legal obligations, particularly in its role as Balance Group Coordinator ("BKO"), APCS processes the necessary personal data for this purpose. These legal obligations arise, among others, from the Gas Industry Act 2011 and associated regulations, the E-Control Act, and other market rules.

This includes direct communication — for example, when APCS informs you about its services and activities that are closely related to or derived from the fulfillment of APCS’s contractual or legal obligations, such as public consultations by APCS or important legal and regulatory changes relevant to market participants, including updates to the clearing platform.

Contractual partners and authorized users of the clearing system acknowledge, by entering into a contract with the BKO (APCS Power Clearing and Settlement AG), by legal obligations under §23 (4), (4a), and (5) of the ElWOG (Electricity Industry and Organization Act), and by accessing the clearing system, that the settlement office processes all personal data provided in the course of contract processing — insofar as required — to fulfill its legal and contractual obligations, or obligations imposed by regulation or official order.

This data may be transmitted — in full or in part — to its assistants or processors as defined by the GDPR, including smart technologies Management- Beratungs- und Beteiligungsgesellschaft m.b.H., CISMO Clearing Integrated Services and Market Operations GmbH, and Oesterreichische Kontrollbank AG for further processing.

Authorized users of the clearing system acknowledge that the personal data provided during the contract creation process — such as name, company telephone number, company email address, company address, and logged procedural steps — are stored to fulfill the legal obligations under §23 (4), (4a), and (5) ElWOG, and processed in particular for authentication purposes.
These personal data and the associated access log data are also processed and stored based on the legitimate interest of the settlement office in preventing unauthorized use of the clearing platform.
Data may be transferred to the competent authorities as part of legal obligations, in particular under §§ 24 and 26 of the E-Control Act and §23 (4), (4a), and (5) ElWOG.

According to Article 6(1)(f) GDPR, for the purposes of legitimate interests pursued by APCS:
This applies, for example, when APCS uses cookies on its websites and processes personal data as a result, particularly to ensure the functionality of the websites, simplify their use, or improve their performance. If you have consented to the use of cookies, the legal basis is Article 6(1)(a) GDPR, and you may withdraw your consent at any time free of charge and with future effect.

The processing of personal data to respond to your inquiries or complaints also serves the legitimate interests of APCS.

By browsing this website, information is automatically sent to the APCS server and temporarily stored there. In this context, APCS processes, in particular, the IP address. Here too, the legal basis is APCS’s legitimate interest — namely, optimizing the website and protecting it from harm, attacks, and other adverse effects.

APCS websites use the service “Google Analytics” with anonymized IP addresses as well as “cookies.” For more information, please refer to the privacy policy regarding Google Analytics.

Privacy Information on Google Analytics:
This website uses the service "Google Analytics", which is provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA), to analyze the usage of the website by users. The service uses "cookies" – text files that are stored on your device. The information collected by the cookies is usually transmitted to a Google server in the USA and stored there.
This website uses IP anonymization. The IP address of users is shortened within the member states of the European Union and the European Economic Area. This anonymization removes the personal reference of your IP address.
As part of the data processing agreement concluded between the website operator and Google Inc., Google uses the collected information to evaluate the use of the website, compile reports on website activity, and provide other services related to internet usage.
You can prevent the storage of cookies on your device by adjusting the settings in your browser accordingly. Please note that if your browser does not allow cookies, you may not be able to access all features of this website without restrictions.

You can also prevent the information collected by cookies (including your IP address) from being transmitted to and used by Google Inc. by installing a browser plugin. The following link will take you to the corresponding plugin: https://tools.google.com/dlpage/gaoptout?hl=de.
More information on data usage by Google Inc. can be found here:https://support.google.com/analytics/answer/6004245?hl=de.

https://www.google.de/intl/de/policies/

Automated Decision-Making, Including Profiling:
In accordance with Article 22 GDPR, your personal data is not used for automated decision-making, including profiling.

Retention Period of Personal Data:
All data is generally stored for the duration of the contractual relationship and beyond that for the period required by legal retention obligations (e.g., under the Austrian Federal Fiscal Code (BAO) or the Austrian Commercial Code (UGB)). Other statutory regulations may require longer retention periods. The general limitation period (§ 1478 Austrian Civil Code – ABGB) is 30 years, although it may be shortened to three years in certain cases.
APCS deletes your personal data if you have effectively withdrawn your consent to the processing, and the data is no longer necessary for the performance or execution of the contract — including pre- or post-contractual measures — or for compliance with legal obligations, and if there are no overriding legitimate interests of APCS (Article 6(1)(f) GDPR) justifying continued storage, and no legal retention requirements exist.

Data Processing Security:
APCS takes appropriate technical and organizational security measures to protect your personal data from unauthorized access, unlawful processing, or unauthorized deletion.

Rights of Data Subjects and How to Exercise Them:
Individuals affected by the processing of their personal data have the following rights under the GDPR: Right of access (Article 15 GDPR), Right to rectification (Article 16 GDPR), Right to erasure ("right to be forgotten") (Article 17 GDPR), Right to restriction of processing (Article 18 GDPR), Right to withdraw consent (Article 7 GDPR), Right to object to processing (Article 21 GDPR), Right to data portability (Article 20 GDPR), Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects them (Article 22 GDPR), Right to lodge a complaint with a supervisory authority (Article 77 GDPR).

To exercise your data protection rights, please contact: APCS Power Clearing and Settlement AG, FN 196976x (Commercial Court of Vienna), Alserbachstraße 14–16, 1090 Vienna, Austria. To protect your rights and privacy, it may be necessary to provide proof of identity when submitting a request. This may include sending a copy of a valid official photo ID (e.g., passport, national ID card, driver's license).