Data protection declaration and data processing of Optomet GmbH

This data protection declaration explains to you the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and contents as well as external online presences, such as our social media profile (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Controller

OptoMET GmbH

Pfungstädter Str. 92

64297 Darmstadt

Germany

Email address: dsb@optomet.de

Managing Director: Dirk, Günther
 

Link to imprint:

Contact data protection officer: dsb@optomet.de

Types of data processed:

- Inventory data (e.g., names, addresses).

- Contact data (e.g., e-mail, telephone numbers).

- Content data (e.g., text entries, photographs, videos).
 

Usage data (e.g., websites visited, interest in content, access times).

Meta/communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offer (in the following, we also refer to the data subjects collectively as “users”).

Purpose of the processing

Provision of the online offer, its functions and contents.
 

Responding to contact requests and communicating with users.

Security measures.

Reach measurement/marketing

Terminology

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter ‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier (e.g. cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations which is performed on personal data, whether or not by automatic means. The term is broad and covers practically all data handling.

“Pseudonymization” means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data is not assigned to an identified or identifiable natural person.

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

“Controller“ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
 

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing for the fulfillment of our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing for the protection of our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
 

Security measures

We take appropriate technical and organizational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, disclosure, safeguarding of availability and its separation. Furthermore, we have set up procedures to ensure that data subjects' rights are exercised, that data is deleted and that we respond to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).

Cooperation with processors and third parties
 

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if a transfer of the data to third parties, such as to payment service providers, in accordance with Art. 6 para. 1 lit. b DSGVO is required for the performance of a contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

Insofar as we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 DSGVO.
 

Transfer to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only take place if it occurs in order to fulfill our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. GDPR. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of the data subjects
 

You have the right to request confirmation as to whether the data in question is being processed and to request information about this data, as well as further information and a copy of the data in accordance with Art. 15 GDPR.

In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.

In accordance with Art. 17 of the GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with Art. 18 of the GDPR.

You have the right to demand that you receive the data concerning you that you have provided to us in accordance with Art. 20 of the GDPR and to request that it be transferred to other responsible parties.

Furthermore, you have the right to file a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

Right of withdrawal

You have the right to revoke consent granted in accordance with Art. 7 (3) GDPR with effect for the future.

Right of objection

You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. In particular, you can object to the processing of data for the purposes of direct advertising.
 

Cookies and right of objection in direct mail

“Cookies” are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, also known as “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. The contents of a shopping cart in an online store or a login status, for example, can be stored in such a cookie. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. This means, for example, that the login status can be saved if the user visits the site again after several days. Likewise, the interests of users can be stored in such a cookie, which are used for reach measurement or marketing purposes. A “third-party cookie” is a cookie that is offered by providers other than the person responsible for operating the online service (otherwise, if it is only their cookies, it is referred to as a “first-party cookie”).

We may use temporary and permanent cookies and provide information about this in our privacy policy.

If users do not want cookies stored on their computer, they are asked to disable the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Disabling cookies may limit the functionality of this online service.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website or the EU website . Furthermore, the storage of cookies can be prevented by switching them off in the browser settings. Please note that in this case you may not be able to use all the functions of this online service.

Deletion of data

The data processed by us will be deleted or their processing restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax law reasons.

In accordance with legal requirements in Germany, data is stored for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records , management reports, accounting vouchers, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).

According to legal requirements in Austria, the storage is carried out in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents related to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
 

Business-related processing

In addition, we process

- Contract data (e.g., subject matter, duration, customer category).

- Payment data (e.g., bank details, payment history)

from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Administration, financial accounting, office organization, contact management
 

We process data in the context of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose of and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information mentioned in these processing activities.

We disclose or transmit data to the tax authorities, consultants, such as tax accountants or auditors, as well as other fee agencies and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, organizers and other business partners, e.g. for the purpose of establishing contact at a later date. We store this mostly company-related data permanently.

Business analysis and market research
 

In order to operate our business economically and to be able to recognize market trends and the wishes of our contractual partners and users, we analyze the data available to us on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 Para. 1 lit. f. DSGVO, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer.

The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we can take into account the profiles of registered users with information, e.g. about the services they have used. The analyses serve to increase user-friendliness, optimize our offer and improve business efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarized values.

If these analyses or profiles are personal, they will be deleted or anonymized upon termination by the user, otherwise after two years from the conclusion of the contract. Otherwise, the overall business analyses and general trend determinations are created anonymously if possible.

Contact

When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's details are used to process the contact request and its processing in accordance with. Art. 6 para. 1 lit. b. (in the context of contractual/pre-contractual relationships), Art. 6 para. 1 lit. f. (other requests) DSGVO. User information can be stored in a customer relationship management system (“CRM system”) or comparable request organization.

We delete the requests if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.

Hosting and e-mail delivery
 

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, e-mail delivery, security and technical maintenance services that we use to operate this online service.

In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with. Art. 6 para. 1 lit. f DSGVO i.V.m. Art. 28 DSGVO (conclusion of order processing contract).

Collection of access data and log files
 

We, or rather our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR, data on every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.
 

Google Tag Manager

Google Tag Manager is a solution that allows us to manage so-called website tags through a single interface (and thus integrate Google Analytics and other Google marketing services into our online offering, for example). The Tag Manager itself (which implements the tags) does not process any personal data of the users. With regard to the processing of users' personal data, please refer to the following information about Google services. Terms of service: .

Google Analytics

On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use Google Analytics, a web analysis service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by users is usually transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection law ().

Google will use this information on our behalf to evaluate the use of our online services by users, to compile reports on the activities within this online services and to provide us with further services associated with the use of this online services and the internet. Pseudonymous user profiles may be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the user's IP address is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.

The IP address provided by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: .

Further information about data use by Google, settings and objection options, can be found in Google's privacy policy () and in the settings for the display of advertising by Google ().

Users' personal data will be deleted or anonymized after 14 months.

Google Adsense with personalized ads

On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).

Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law ().

We use the AdSense service to display ads on our website and we receive compensation for displaying them or for other uses. For these purposes, usage data, such as the click on an ad and the IP address of the user, are processed, whereby the IP address is shortened by the last two digits. Therefore, the processing of user data is pseudonymized.

We use Adsense with personalized ads. Google draws conclusions about users' interests based on the websites they visit or the apps they use and the user profiles created in this way. Advertisers use this information to tailor their campaigns to those interests, which is beneficial to users and advertisers alike. For Google, ads are personalized when collected or known data determines or influences the ad selection. This includes, but is not limited to, previous searches, activities, website visits, app usage, demographic and location information. Specifically, this includes demographic targeting, targeting based on interest categories, remarketing, and targeting based on customer matching lists and audience lists uploaded to DoubleClick Bid Manager or Campaign Manager.

Further information about data usage by Google, settings and objection options, can be found in Google's privacy policy () and in the settings for the display of advertising by Google ().
 

Google Adsense with non-personalized ads

On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).

Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

We use the AdSense service to display ads on our website and we receive compensation for displaying them or for other uses. For these purposes, usage data, such as the click on an ad and the IP address of the user, are processed, whereby the IP address is shortened by the last two digits. Therefore, the processing of user data is pseudonymized.

We use Adsense with non-personalized ads. The ads are not displayed based on user profiles. Non-personalized ads are not based on previous user behavior. Targeting uses contextual information, including broad geographic targeting (e.g., at the local level) based on the current location, the content on the current website or app, and current search terms. Google prohibits all personalized targeting, including demographic targeting and targeting based on user lists.

Further information on the use of data by Google, setting and objection options, can be found in Google's privacy policy () and in the settings for the display of advertising by Google ().

Google AdWords and conversion measurement
 

On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).

Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

We use the online marketing tool Google “AdWords” to place ads on the Google advertising network (e.g. in search results, in videos, on websites, etc.) so that they are displayed to users who have a presumed interest in the ads. This allows us to display ads for and within our online offering in a more targeted manner, so that we only present users with ads that potentially match their interests. For example, if a user is shown ads for products that he has shown an interest in on other websites, this is referred to as “remarketing”. For these purposes, when you visit our and other websites on which the Google Advertising Network is active, Google directly executes a code from Google and (re)marketing tags (invisible graphics or code, also known as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). This file records which websites the user visits, which content the user is interested in and which offers the user has clicked on, as well as technical information about the browser and operating system, referring websites, visit times and other information about the use of the online offer.

Furthermore, we receive an individual “conversion cookie”. The information obtained with the help of cookies is used by Google to create conversion statistics for us. However, we only see the anonymous total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. However, we do not receive any information that can be used to personally identify users.

User data is processed pseudonymously within the Google advertising network. This means that Google does not store and process, for example, the name or email address of the user, but processes the relevant data cookie-related within pseudonymous user profiles. This means that, from Google's point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has explicitly allowed Google to process the data without this pseudonymization. The information collected about the users is transmitted to Google and stored on Google's servers in the United States.

Further information on the use of data by Google, possible settings and objections can be found in Google's privacy policy () and in the settings for the display of advertising by Google ().
 

Inclusion of third-party services and content

On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we use content or service offers from third-party providers to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).

This always assumes that the third-party providers of this content can see the user's IP address, because without the IP address they would not be able to send the content to the user's browser. The IP address is therefore required to display this content. We endeavor to use only content from providers who use the IP address solely for the purpose of delivering the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit times, and other information regarding the use of our online services. This information may also be linked to similar information from other sources.

YouTube

We embed videos from the YouTube platform, which is provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: , Opt-Out: .

Google Fonts

We embed fonts (“Google Fonts”) from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: , Opt-Out: .

Google Maps

We integrate maps from the “Google Maps” service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, users' IP addresses and location data, which, however, are not collected without their consent (usually as part of the settings of their mobile devices). The data may be processed in the United States. Privacy Policy: , Opt-Out: .