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

AGCS Gas Clearing and Settlement AG
Palais Liechtenstein, Alserbachstraße 14-16
1090 Vienna

Tel.: +43 1 907 41 77-0
Fax: +43 1 907 41 77-70
E-Mail: office@agcs.at

Legal form: Public limited company
Commercial register number: FN 217593s
Commercial register court: Vienna Commercial Court
Headquarters: Vienna
VAT ID: ATU 53721502

Object of business:
AGCS Gas Clearing and Settlement AG operates as the single clearing entity for the market area East. Its tasks include the organizational and settlement-related management of balance groups as well as the calculation and allocation of imbalance energy. Together with market participants, grid operators, and the MVGM, the single clearing entity is responsible for the proper, neutral, and confidential processing of the imbalance energy market.

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 AGCS contractual partners and all market participants.

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

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

Certifications:
ISO/IEC 27001 : 2013 certification

Disclaimer:
AGCS accepts no liability for the information provided on its websites, such as downloads or other content that is either directly or indirectly used by or accessible from the AGCS websites. This information cannot replace professional and individual (legal) advice. AGCS is not liable for incorrect or missing information on the AGCS websites; decisions made on the basis of the content provided are therefore the sole responsibility of the respective user. In particular, AGCS is not liable for direct, specific or consequential damages or other damages of any kind arising in connection with the indirect or direct use of the information provided on the AGCS websites, for whatever reason. 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 Nevertheless, it cannot be ruled out that information may be incomplete, out of date or incorrect.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 AGCS. AGCS does not warrant or guarantee that the AGCS 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 AGCS websites are free of viruses or other dangerous components. AGCS 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 AGCS websites. AGCS expressly excludes any liability for damages of any kind arising from the provision of the AGCS 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 intended to apply equally to both genders.

Protective rights:
Unless otherwise stated, AGCS holds the copyright and all copyright usage rights to all documents and files provided on the AGCS websites. No license or other right is granted to anyone with regard to any protective rights.

Privacy policy:
The protection of personal data is a key principle in the daily work of AGCS Gas Clearing and Settlement AG, Palais Liechtenstein, Alserbachstraße 14-16, 1090 Vienna, Austria (“AGCS”).

Responsible party:
AGCS Gas Clearing and Settlement AG

AGCS processes your personal data for the following purposes, based on the following legal grounds.

In accordance with Art. 6 (1) lit. a of the General Data Protection Regulation (EU) No. 2016/679 (“GDPR”/"DSGVO"), based on your consent:
If you have given your consent, your personal data will be processed exclusively for the purposes and to the extent specified therein. You can revoke your consent at any time with effect for the future at no cost.

In accordance with Art. 6 (1) lit. b GDPR, for the fulfillment of contractual obligations, and in accordance with Art. 6 (1) lit. c GDPR, for the fulfillment of legal obligations:
AGCS processes personal data for the purpose of concluding, executing, and terminating contracts, including pre- and post-contractual measures. In connection with the fulfillment of legal obligations, in particular in its function as a single clearing entity, AGCS processes the personal data necessary for this purpose. The legal obligations arise, among other things, from the Gas Industry Act 2011 and regulations based on it, the E-Control Act, and other market rules. The contractual partner and those authorized to access the clearing system acknowledge, on the basis of the contract concluded with the single clearing entity (AGCS Gas Clearing and Settlement AG), the legal obligations under Section 87 et seq. of the Austrian Money Laundering Act 2011 (GWG 2011), and their access to the clearing system, that the single clearing entity may process all personal data disclosed in the course of the execution of the contract – to the extent necessary – to fulfill its legal and contractual tasks or those assigned to it by regulation or official order, and that it will transfer this data – in whole or in part – to its assistants or processors within the meaning of the GDPR for the purpose of fulfilling its tasks. GDPR, to smart technologies Management- Beratungs- und Beteiligungsgesellschaft m.b.H., to CISMO Clearing Integrated Services and Market Operations GmbH, and to Österreichische Kontrollbank AG for further processing.

Those authorized to access the clearing system acknowledge that the personal data of the authorized user transmitted in the course of drawing up the contract – name, company telephone number, company email address, company address, as well as the logged procedural steps for fulfilling the legal obligation under Section 87 ff GWG – will be stored and processed in particular for the purpose of authentication. The personal data listed above and the associated access log data will also be processed and stored in the legitimate interest of the single clearing entity in order to prevent unauthorized use of the clearing platform. Data must be transferred to the competent authorities within the framework of legal obligations. These are specifically § 24 and § 26 of the E-Control Act and § 87 ff GWG.

In accordance with Art. 6 (1) lit. f GDPR, to safeguard the legitimate interests of AGCS:
This applies insofar as AGCS uses cookies on its websites and thereby processes personal data, in particular to ensure the functioning of the websites, to simplify their use, and to improve the performance of the websites. If you have given your consent to the use of cookies, the legal basis is Article 6(a) GDPR, whereby you can revoke your consent at any time free of charge for the future.

The processing of personal data for the purpose of responding to your questions or complaints also serves to protect the legitimate interests of AGCS. When you browse this website, information is automatically sent to the AGCS server and stored there temporarily. In this context, AGCS processes the IP address in particular. Here, too, the legal basis is the protection of AGCS's legitimate interests, in particular the interest in optimizing the website and protecting it from damage, attacks, and other negative impacts.

The AGCS websites use the Google Analytics service with anonymized IP addresses and cookies. The relevant information can be found in the Google Analytics privacy policy.

Privacy policy for Google Analytics:
This website uses the “Google Analytics” service provided by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) to analyze how users use the website. The service uses “cookies” – text files that are stored on your device. The information collected by the cookies is usually sent to a Google server in the USA and stored there. IP anonymization is used on this website. The IP address of users within the member states of the EU and the European Economic Area is truncated. This truncation removes the personal reference from your IP address. Under the terms of the contract for data processing that the website operators have concluded with Google Inc., Google uses the information collected to evaluate website usage and activity and to provide services related to internet usage. You can prevent cookies from being stored on your device by adjusting your browser settings accordingly. There is no guarantee that you will be able to access all functions of this website without restrictions if your browser does not allow cookies.
You can also use a browser plugin to prevent the information collected by cookies (including your IP address) from being sent to Google Inc. and used by Google Inc. The following link will take you to the relevant plugin: https://tools.google.com/dlpage/gaoptout?hl=de.
Here you will find further information on data use by Google Inc.: 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 of the GDPR, your personal data will not be used for automated decision-making, including profiling.

Storage period for personal data:
All data is generally stored for the duration of the contract and beyond that for the period required by statutory retention obligations (e.g., under the Federal Tax Code or the Commercial Code). Other statutory provisions may require longer storage; the general limitation period (§ 1478 of the Austrian Civil Code) is 30 years, but may be reduced to three years in certain cases. AGCS will delete your personal data if you have effectively revoked your consent to the processing of personal data and this data is no longer required for the fulfillment or execution of the contract, including pre-contractual or post-contractual measures, or for the fulfillment of legal obligations, and its storage is not justified by an overriding legitimate interest of AGCS (Art. 6 (1) lit. f GDPR) and there are no legal retention obligations.

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

Rights of data subjects and their exercise:
Persons affected by the processing of their personal data have the following rights in accordance with the provisions of the GDPR. A right to obtain from the controller information about the personal data being processed (Art. 15 GDPR) and to have their personal data corrected (Art. 16 GDPR) or deleted (Art. 17 GDPR) or to restrict the processing of their personal data (Art. 18 GDPR), a right to withdraw their consent to data processing (Art. 7 GDPR), a right to object to the processing of their personal data (Art. 21 GDPR), and a right to data portability (Art. 20 GDPR). You also have 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), as well as the right to lodge a complaint with a supervisory authority (Art. 77 GDPR).

To safeguard and exercise their rights under data protection law, any data subject may contact the following address: AGCS Gas Clearing and Settlement AG, FN 217593s (HG Vienna), Alserbachstraße 14-16, 1090 Vienna. In order to protect their rights and privacy, it may be necessary to provide a copy of a valid official photo ID (e.g., passport, identity card, driver's license) as proof of the data subject's identity when making a request.