Privacy Policy
Welcome to our website and thank you for your interest in our company. Your privacy is important to us, and we are committed to protecting your personal data in accordance with applicable data protection and privacy laws and regulations.
In particular, we are regulated under the General Data Protection Regulation (GDPR), the German Federal Data Protection Act [Bundesdatenschutzgesetz – BDSG] as in force since 25 May 2018, the German Digital-Services-Act [Digitale-Dienste-Gesetz – DDG] and the German Telecommunication Digital Services Privacy Act [Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz – TDDDG]. Under these laws, we in particular have the right to collect and use personal data as necessary to allow you to use our Internet offering under www.optisense.com including all services and features contained therein.
In the following sections, we will inform you about which personal data we collect when you use our website and the services and features contained therein, and how we use them for what purposes.
I. Name and address of the Controller
The Controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States and any other data protection laws and regulations is:
OptiSense Gesellschaft für Optische Prozessmesstechnik mbH & Co. KG
Annabergstrasse 120
D-45721 Haltern am See
Telephone: +49-(0)2364 50882-0
Website: www.optisense.com
II. Name and address of the Data Protection Officer
The Data Protection Officer of the Controller is:
Johannes Schwiegk
Datenzeit GmbH
Friedrich-Engels-Allee 200
D-42285 Wuppertal
Email: datenschutz@datenzeit.de
Website: https://www.datenzeit.de/
III. General information on data processing
1. Scope of the processing of personal data
In general, we only process the personal data of our users to the extent necessary to provide a functioning website and our content and services. Our users’ personal data are usually processed only with their consent. Exceptions apply where it is objectively impossible to obtain prior consent and where processing is permitted by law.
2. Legal basis for processing of personal data
Where we obtain the consent of data subjects for processing operations, Article 6(1)(a) of the EU General Data Protection Regulation (EU GDPR) serves as legal basis.
If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) GDPR serves as legal basis. This also applies to processing operations in order to take steps prior to entering into a contract.
If processing is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as legal basis.
If processing is necessary in order to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) GDPR serves as legal basis.
If processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, Article 6(1)(f) GDPR serves as legal basis for the processing.
3. Data erasure and duration of storage
The personal data of the data subject will be erased or restricted as soon as the purpose of their storage no longer applies. They may be stored beyond that period where it is prescribed by European or national lawmakers in Union regulations, laws or other rules governing the controller. The data shall also be restricted or erased when the storage period stipulated by the aforementioned rules expires, unless there is a need to continue to store the data for the purpose of entering into or performing a contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Each time you visit our website, our system automatically records data and information from the computer system of the visiting computer.
The following data are gathered during this process:
- your IP address
- the date and time of the request
- the time zone difference to Greenwich Mean Time (GMT)
- the subject of your request (the exact page you viewed)
- access status/HTTP status code
- data volumes transmitted
- the referring website (i.e. the website you came from before visiting our website)
- your browser
- your operating system and interface
- the language and version of your browser software.
We cannot link these data to specific individuals. We do not combine these data with data from other sources.
The legal basis for this temporary storage is Article 6(1)(f) GDPR.
2. Purpose of processing
The IP address must be temporarily stored by the system to allow the website do be delivered to the user’s computer. For this purpose, the IP address of the user must be stored for the duration of the session. The purpose of storing this information is also to ensure the proper functioning of the website. The data stored also help us optimise our website and maintain the safety of our IT systems. They are not analysed for marketing purposes.
These purposes also represent the legitimate interest on which we rely in order to process your data (Article 6(1)(f) GDPR).
3. Duration of storage
Data will be deleted when they are no longer needed for the purpose for which they were collected. In cases where data are collected for the purpose of delivering the website, this is the case when the session ends. Apart from that, data are deleted at the latest after seven days. Storage beyond this period is possible. In this case, users’ IP addresses are deleted or anonymised so that the visiting client can no longer be linked to them.
4. Possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
V. Use of cookies
a) Description and scope of data processing
In addition to the data referred to above, cookies will be stored on your computer whenever you use this website. Cookies are small text files that are placed in your browser and stored on your hard drive and allow us to gather certain information about you. Cookies cannot execute programs or transmit viruses to your computer. Their purpose is to make the general online experience more user-friendly and effective. This website currently uses only strictly necessary cookies. Therefore we refrain from using a consent management tool or cookie banners.
b) Legal basis for processing
The legal basis for our processing of personal data using cookies is point a, c and f of Article 6(1) Sentence 1 GDPR.
c) Purpose of processing
Strictly necessary cookies are used to help improve users’ experience on the site and make it easier for them to use. Some features of our website may not be available without the use of cookies. Moreover, we are required to use cookies to comply with our obligations or accountability requirements under the GDPR. For this the visiting browser must be recognised even after a change of page. The user information collected through strictly necessary cookies will not be used for profiling purposes. We would also like to use analytics cookies to improve the quality of our website and its content, but will do so only after obtaining your consent (point a of Article 6(1) Sentence 1 GDPR). Analytics cookies help us understand how our website is used so we can improve your experience. These purposes also represent the legitimate interest on which we rely in order to process personal data (point f of Article 6(1) Sentence 1 GDPR).
d) Duration of storage, possibility of objection and removal
Cookies are stored on a user’s computer and transmitted to our website. Therefore, you as a user retain full control over the use of cookies. Previously stored cookies can be deleted at any time. This can also be done automatically.
VI. Job applications
1. Description and scope of data processing
Following receipt of your application, the information you provided in your application will be reviewed by our personnel department. Suitable applications will then be forwarded internally to the department heads responsible for the vacant position concerned, and the further process will be determined. Within our company, the only persons who will have access to your data are strictly those with a need to know for the proper running of our application process. The data will be processed only in data centres in the Federal Republic of Germany.
2. Legal basis for processing
The legal basis for our processing of your personal data in this application process is mainly point b of Article 6(1) GDPR. According to this provision, those data which are required in connection with the decision on whether to enter into an employment contract are allowed to be processed.
If those data are required after completion of the application process for the pursuit of rights, they may be processed on the basis of Article 6 GDPR, in particular for the purposes of legitimate interests pursued pursuant to point f of Article 6(1) GDPR. Our interest is then the assertion or defence of claims.
3. Purpose of processing
We process data you sent to us in connection with your job application to assess whether you are a suitable candidate for the job you are applying for (or other positions in our company, if applicable) and to complete the application process.
4. Duration of storage
Data of unsuccessful job applicants are deleted after 6 months.
If you have agreed to your personal data being stored for a longer period, we will add your data to our talent pool. Your data will be deleted from the talent pool normally after two years.
If you are accepted for a position you applied for, your data will be transferred from our applicants’ data system to our personnel data system.
VII. Registration in the distributor section of our website
1. Description and scope of data processing
We offer distributors the opportunity to register in the “Customers” section of our website to manage contracts/orders and download documents. For this purpose, data are entered into an input mask, transmitted to us and stored. They are not disclosed to any third parties.
Registration on the website is not possible. Activation for use and access is granted only upon request and manually by us.
2. Legal basis for processing
The legal basis for processing is your consent pursuant to point a of Article 6(1) GDPR.
If the registration is necessary for the performance of a contract to which the user is a party or in order to take steps prior to entering into a contract, point b of Article 6(1) GDPR is an additional legal basis for processing of the data.
3. Purpose of processing
Activation facilitates the performance of a contract or constitutes an additional step.
4. Duration of storage
Data will be deleted when they are no longer needed for the purpose for which they were collected.
During the activation process for the performance of a contract or to take steps prior to entering into a contract, this is the case if the data are no longer required for the performance of the contract. A need to store personal data of a contracting partner may continue to exist after the formation of a contract in order to comply with contractual or legal obligations.
5. Possibility of objection and deletion
As a user, you can cancel the activation at any time. You can request modification of the information stored about you at any time.
If the data are required for the performance of a contract or to take steps prior to entering into a contract, they may be deleted early only if there are no contractual or statutory obligations that pose an obstacle to their deletion.
VIII. Contact form and contact by email
1. Description and scope of data processing
Our website includes a contact form that can be used for contacting us electronically. If a user writes to us using the contact form, the data from the input mask will be transmitted to us and stored.
The fact that you were informed that your data will be processed will be documented during the submission process, referring to this Privacy Policy.
Alternatively, we can be contacted via the email addresses provided. In this case, the personal data of the user that are transmitted with his or her email will be stored.
No data will be disclosed to third parties in this context. The data will only be used to process the conversation.
2. Legal basis for processing
The legal basis for processing is your consent pursuant to point a of Article 6(1) GDPR.
If the email correspondence is aimed at entering into a contract, point b of Article 6(1) GDPR is an additional legal basis for processing of the data.
3. Purpose of processing
Personal data from the input mask are processed only for the purpose of responding to your request, and if you contact us by email, your data will be processed to respond to your email inquiry.
The purpose of all other personal information processed during the submission process is to prevent misuse of the contact forms and to ensure the security of our IT systems.
4. Duration of storage
Data will be deleted when they are no longer needed for the purpose for which they were collected. For personal data sent by email, this is the case when the conversation with the user has ended. A conversation is deemed ended when it can be concluded from the circumstances that the matter in question has been finally resolved.
5. Possibility of objection and deletion
A user may withdraw his or her consent to the processing of personal data at any time. If a user contacts us by email, he or she may object at any time to his or her personal data being stored. In this case, the conversation cannot be continued.
All personal data stored when the contact was made will be deleted in this case.
IX. Newsletters
1. Description and scope of data processing
On our website, we offer the option to subscribe to our free newsletter. If a user subscribes for our newsletter, the data from the input mask will be transmitted to us.
We will verify your agreement to receiving our newsletter by email by what is known as a double opt-in procedure. In other words, before we begin to send you our newsletter, we will first ask you by email to the address you specified when subscribing to actively confirm that you agree to receive our newsletter. We use the information about your confirmation to document and, if necessary, prove your agreement.
Subject to some specific conditions, we may also send you our newsletter without obtaining your consent. The reason is that as part of existing customer relationships, we are permitted by law to advertise similar products and services by email without having to obtain your consent for this. No data will be disclosed to third parties in connection with the mailing of newsletters. The data will only be used to send out the newsletter.
2. Legal basis for processing
The legal basis for processing of data after registration for our newsletter is your consent pursuant to point a of Article 6(1) GDPR. The legal basis for us to send you our newsletter following the sale of products or services is Sec. 7 Para. 3 of the German Unfair Competition Act [Gesetz gegen den unlauteren Wettbewerb – UWG].
3. Purpose of processing
The email address of the user is collected for the purpose of sending him or her our newsletter. Other personal data are collected during the registration process to prevent misuse of the services or of the email address used.
4. Duration of storage
Data will be deleted when they are no longer needed for the purpose for which they were collected. Accordingly, the email address of the user will be stored for as long as the subscription for the newsletter is active.
5. Possibility of objection and deletion
The user may terminate the subscription for our newsletter without incurring any costs other than the costs of transmission at the applicable basic rates. Each edition of our newsletter includes a link for this purpose.
The withdrawal of consent will not affect the lawfulness of any processing carried out based on consent before the consent was withdrawn. If you withdraw your consent, we will delete those data and will not continue to send you further newsletters.
X. Data subject Rights
If personal data about you are processed, you are a data subject as defined in the GDPR and you are entitled to the following rights in relation to the Controller:
1. Right of access
You have the right to obtain from the Controller confirmation as to whether or not personal data concerning you are being processed by us.
Where this is the case, you have the right to request access to the following personal data and information:
(1) the purposes for which personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been or will be disclosed;
(4) where possible, the envisaged period for which the personal data relating to you will be stored, or, if not possible, the criteria to determine that period;
(5) the existence of the right to request from us rectification or erasure of personal data or restriction of processing of personal data relating to you by the Controller or to object to such processing;
(6) the right to lodge a complaint with a supervisory authority;
(7) where the personal data are not collected from the data subject, any available information as to their source;
(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
You have the right to be informed whether personal data relating to you are transferred to a third country or to an international organisation. In this context, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.
2. Right to rectification
You have the right to obtain from the Controller the rectification of inaccurate personal data concerning you and/or to have incomplete personal data concerning you completed. The Controller shall make the rectification without undue delay.
3. Right to restriction of processing
You have the right to obtain from us the restriction of processing of personal data relating to you where one of the following applies:
(1) you contest the accuracy of the personal data relating to you, for a period enabling the Controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) the Controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims, or
(4) you have objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the Controller override yours.
If processing of personal data relating to you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If you have obtained restriction of processing pursuant to the conditions set out above, you will be informed by the Controller before the restriction of processing is lifted.
4. Right to erasure
a) Obligation to erase data
You have the right to obtain from the Controller the erasure of personal data relating to you without undue delay and the Controller has the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) the personal data relating to you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) you withdraw consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR, and where there is no other legal ground for processing.
(3) you object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
(4) the personal data about you have been unlawfully processed.
(5) the personal data relating to you have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject.
(6) the personal data relating to you have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
b) Provision of information to third parties
Where the Controller has made the personal data about you public and is obliged pursuant to Article 17(1) GDPR to erase the same, the Controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform Controllers which are processing the personal data that you in your capacity as data subject have requested the erasure by such Controllers of any links to, or copy or replication of, those personal data.
c) Exceptions
The right to erasure shall not apply to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
(3) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) for the establishment, exercise or defence of legal claims.
5. Right to be informed
If you have exercised the right of rectification, erasure or restriction of processing in relation to the Controller, the Controller is under an obligation to communicate any rectification or erasure of personal data relating to you or restriction of processing to each recipient to whom the personal data relating to you have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed by the Controller about those recipients.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the Controller, in a structured, commonly used and machine-readable format. Moreover, you shall have the right to transmit those data to another Controller without hindrance from the Controller to whom the personal data have been provided, where
(1) the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one Controller to another, where technically feasible. This right must not adversely affect the rights and freedoms of others.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data relating to you which is based on point (e) or (f) of Article 6(1) GDPR; including profiling based on those provisions.
The Controller will no longer process the personal data relating to you, unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
Where personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data relating to you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, the personal data relating to you will no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
8. Right to withdraw consent under data protection law
You have the right to withdraw your consent under data protection law at any time. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated individual decision-making including profiling
You 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. This shall not apply if the decision
(1) is necessary for entering into, or the performance of, a contract between you and the Controller,
(2) is authorised by Union or Member State law to which the Controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) is based on your explicit consent.
However, such decisions must not be based on special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms and your legitimate interests are in place.
In the cases referred to in paras. (1) and (3) above, the Controller will implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the Controller, to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.
XI. Amendments to Privacy Policy
The further development of the Internet and of our Internet offering may also have an impact on the handling of personal data. We therefore reserve the right to amend this Privacy Policy in the future within the framework of applicable data protection laws and, if necessary, to adapt it to changes in data processing. The current version of this Privacy Policy can always be found under the heading “Data Protection” or “Privacy Policy” on our website.
