Data Protection

Thank you for your interest in the Optima Group. We take the protection of your personal data very seriously. 

General information

Contact details of the person responsible (controller)

OPTIMA packaging group GmbH
Alfred-Leikam-Straße 25
74523 Schwäbisch Hall

+49 791 506 – 0
+49 791 506 – 9000
info@optima-packaging.com

Contact data of our data protection officer

Hanspeter Preißler
Alfred-Leikam-Straße 25
74523 Schwäbisch Hall
+49 791 506 – 0
+49 791 506 – 9000
datenschutz@optima-packaging.com

Specific information on the collection of personal data When you visit the website

a) Purpose of data collection and processing

Every time a user accesses a page of our website and every time a file stored on the website is called up, access data about this process is stored in a log file. Each data record consists of:

(1) the page from which the file was requested,
(2) the name of the file,
(3) the date and time of the request,
(4) the amount of data transferred,
(5) the access status (file transferred, file not found, etc.),
(6) a description of the type of operating system and web browser used,
(7) the client IP address.

The client IP address is used for the purpose of transmitting the requested data; it will be made anonymous by deleting the last digit block (Ipv4) or the last octet (Ipv6) once the technical requirement no longer applies.

b) Duration of storage

The data is stored each time a user accesses a page of our website and each time our website is accessed and is deleted as soon as it is no longer required for the purpose of collection, which is the case when the visitor leaves our website.

c) Legal basis

The temporary storage of the aforementioned data is carried out on the legal basis of Art. 6 para. 1 letter f of the General Data Protection Regulation (GDPR). The legitimate interest lies in the provision of our website.

d) Possibility of objection and deletion

You may object to this processing.

Data Protection Information for Applicants

We are happy that you are interested in our company. In accordance with the provisions in Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR), we are informing you about the personal information we will process during the application process and the rights you have. To improve readability, we will not use masculine and feminine pronouns. All pronouns will apply to all genders.

Please read the following statements carefully. We also ask that you refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR) for the terminology used. Please also note the Data Protection Statement https://www.optima-packaging.com/en-us/data-protection when using our website.

Personal data means any information relating to an identified or identifiable natural person. This includes e.g. your name, address, contact information, or your e-mail address.

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

A data subject is defined as any identified or identifiable natural person whose personal data is processed by the controller.
The controller, or the "party responsible for processing" 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.

1. Controller's name and contact information
OPTIMA packaging group GmbH
Alfred-Leikam-Straße 25
74523 Schwäbisch Hall
Tel. +49 791 506-0
Fax +49 791 506-9000
E-Mail: info@optima-packaging.com

Managing Directors Dr. Stefan König and Marco Beyl are the controller's representatives.
If you are applying to a company affiliated with us, the Human Resources Department at Optima packaging group GmbH shares joint responsibility for processing your personal data in accordance with Art. 26 of the GDPR. This concerns the following companies:

  • OPTIMA nonwovens GmbH, Steinbeisweg 20, 74523 Schwäbisch Hall
  • OPTIMA consumer GmbH, Geschwister-Scholl-Straße 89, 74523 Schwäbisch Hall
  • OPTIMA life science GmbH, Kolpingstraße 23, 74523 Schwäbisch Hall
  • OPTIMA manufacturing GmbH, Steinbeisweg 20, 74523 Schwäbisch Hall
  • OPTIMA pharma GmbH, Otto-Hahn-Straße 1, 74523 Schwäbisch Hall
  • OPTIMA pharma containment GmbH, Bodmaner Str. 2, 78315 Radolfzell am Bodensee

2. Contact information of the Data Protection Officer
You can reach our Data Protection Officer via e-mail at datenschutz@optima-packaging.com, via telephone at +49 791 506-0, or at our aforementioned postal address by adding "Data Protection Officer" to the address.

3. Processing purposes
We will process your personal data for the purpose of selecting suitable candidates and performing administrative duties during the application process in order to facilitate decisions about beginning an employment relationship.

If the application leads to an employment relationship with us, we process the data we already received from you for the purpose of conducting an employment relationship, provided that this information is necessary to do so. In this case, your personal data, if necessary, will be transferred to the personnel files and into our human resource management systems.

4. Legal basis for processing
Legal basis for processing your personal data is Sec. 26, Para. 1 of the BDSG (the German Federal Data Protection Act).

5. Processing personal data
You can find information about open positions and apply online at the same time using the career portal on our website. You can view your application and your data at any time in the career portal. To do this, you first need to register in our career portal, create a user account and a personal profile (applicant profile), where you can enter the desired information in the dialog fields. In addition to the fields marked as mandatory, you can also enter additional voluntary information and upload documents. It is also possible to register if there is not a specific opening for which you would like to apply (unsolicited application).

5.1. Applications for specific job opportunities
If you would like to apply for a specific job opportunity, we process the following personal data when creating your applicant profile. The fields marked with * are mandatory.

  • Personal data:
    Form of address*, title, first name*, last name* e-mail address* (is used as the e-mail address for correspondence and as a login).
  • Contact information:
    Street and house number, zip code, town, country, telephone number, cell number
  • Recruitment channel (how did you find out about Optima?)
  • Documents you can upload:
    Application*
    Résumé
    Additional documents that you would like to provide (e.g. certificates).

You can save additional information in your applicant profile. We process the personal data you enter in the career portal.

5.2. Unsolicited applications
If you are not applying for a specific job opportunity, we process the following personal data during the registration process:

  • Personal data:
    Form of address*, title, first name*, last name* e-mail address* (is used as the e-mail address for correspondence and as a login).
  • Contact information:
    Street and house number, zip code, town, country, telephone number, cell number
  • Preferences:
    Entry position as (selection fields, e.g. recent graduate)
    Department (e.g. assistance)
    Type of employment (e.g. full time)
    Employment location
    Business unit (e.g. Optima pharma)
  • Documents you can upload:
    Application*
    Résumé
    Additional documents that you would like to provide (e.g. certificates).
  • How did you find out about Optima?
  • Comments regarding your application
  • Informal qualifications (e.g. abilities that cannot be verified in writing and skills without a certificate or credentials)

5.3. User profile
If you transfer personal data and documents to us using the career portal, this data will be saved in your user profile. You can enter additional information about yourself here, by adding a XING or LinkedIn profile, for example. You can save additional personal data and documents in your applicant profile at any time. To do this, log into our career portal after you have registered.

5.4 Import your information from XING or LinkedIn
You have the option to link your external XING or LinkedIn profile with your applicant profile. You can register directly with the login data from your external profiles. No data from these services will be used or saved without your explicit permission. Please take note of these providers' privacy policies, which you can read at https://privacy.xing.com/en or https://www.linkedin.com/legal/privacy-policy.

6. Recipient of your data
The only people who generally have access to your data are those who need it for properly carrying out the application process.

Your personal data and your applicant profile can be viewed by the Human Resource Department at Optima packaging group GmbH, the department involved during the selection process, and the employee organization in the context of its participation rights according to section 99 of the BetrVG (German Works Council Constitution Act).

We do not give your personal data to third parties unless you have expressly consented to this transfer of data, or if we are required to transfer the data due to legal provisions and/or regulations from authorities or legal injunctions.

Within the context of data protection for job processing according to Art. 28 of the GDPR, we use an applicant management system by Haufe-umantis AG, Unterstrasse 11, 9001 St. Gallen, Switzerland for the application process. It is possible that Haufe-umantis AG may gain information about your personal data as it operates and maintains the software systems. This is why we have taken suitable legal, technical, and organizational measures with Haufe-umantis AG to ensure that data processing takes place in a reliable manner.

Your data will be processed within the European Union and not transferred to a third country or international organization.

If we believe that you are a suitable candidate for one of our foreign subsidiaries due to our international focus, we may forward your application to them. We will consult with you and request special permission from you in order to do so.

7. Duration of retention
If your application was successful and leads to an employment relationship with us or one of our affiliated companies, we will include your application materials, provided that it is necessary based on Art. 6(1)(b) GDPR, 26(1) of the GDPR, to implement the employment relationship in our human resource administration system. In this case, your application materials will only be deleted once your employment with us is terminated and an additional three years have passed since the end of the year.

If your application is unsuccessful, we save your personal data and documents in our applicant management system for six months so that we can handle any issues concerning your application. If your application is unsuccessful, your data will be deleted, taking into account the time period of six months after the end of the application process as stipulated in the GETA.

If you applied, but we are not currently able to offer you a suitable position, we will save your application materials in a talent pool for an additional 12 months so that we can consider you for new positions, as long as you give us your consent. However, we need your permission to do this according to Art. 6(1)(a) GDPR. If you consent to this, please confirm this by selecting the following option in the file sharing section: "I give you permission to save my data, even beyond the scope of filling a specific position so that I can be notified of interesting job opportunities."

If you do not want to do this, please select the following option in the file sharing section: "I want my data to be deleted after the current application procedure is completed." In this case, we will delete your data, taking into account the time period of six months after the end of the application process as stipulated in the GETA.

8. Possibility of objection and elimination
You can retrieve, edit, refresh, or delete the information you saved in the career portal at any time. You can remove your personal data and documents at any time using the "Delete my profile" button. Please note that, if you do this, you will be withdrawn from all active and incomplete application processes – even from processes that have been confirmed. If you decide to delete your applicant profile, the career portal will anonymize all of your personal data and remove it from your profile and applications.

9. Profiling
We do not use profiling.

10. Data security
We take technical, contractual, and organizational measures to secure data processing according to the state of the art. We thus ensure that the data we process is secure against destruction, loss, modification, and unauthorized access in compliance with GDPR provisions. Encrypted transmission of data between your browser and our servers is part of these security measures. Please note that SSL encryption is only active for transmission of data over the Internet if the lock symbol is displayed in the lower navigation bar of your browser window and the address begins with https://. SSL (Secure Socket Layer) protects data from illegal access by third parties during transmission using an encryption technology. If this option is unavailable, you can also decide to not transmit certain data via the Internet. All information that you transmit to us will be processed on our servers in the European Union.

11. Data transfer to a third country
Due to the matrix structure of our group of companies, your application documents may be transferred to the superior responsible for filling the position outside the European Union or the European Economic Area. 
If there is no adequacy decision of the European Commission for these third countries, the data transfer is based on the standard data protection clauses of the EU Commission (Art. 46 para. 2 lit. c DSGVO).

12. File attachments
Please ensure that you do not send us file attachments with viruses or worms. Please also ensure that you do not send us information or file attachments that contain personal data within certain categories that include information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, union memberships, health information or information about your sexual activity or sexual orientation. The information that you send us must reflect the truth and may not violate copyrights, trademarks, or other intellectual property rights, press law, the general rights of third parties, or ethical principles ("illegal content"). Please note that you shall hold us harmless against any damages you cause by sharing file attachments with illegal content.

13. Your rights
If we process your personal data, you are an affected party in line with the General Data Protection Regulation (GDPR) and have the following rights: Right of access (Article 15 GDPR), right to rectification (Article 16 GDPR), right to erasure (Article 17 GDPR), right to restriction of processing (Article 18 GDPR), Right to data portability (Article 20 GDPR) and the right to object to processing (Article 21 GDPR). In this case, please contact our Data Protection Officer directly (datenschutz@optima-packaging.com). If we receive a request for information that is not in written form, we ask for your understanding that we may request proof that you are the person you claim to be.
You also have the right to lodge a complaint with a data protection supervisory authority (Art. 77 of the GDPR) if you are of the opinion that your data is not being processed according to law. An overview of German supervisory authorities can be found at https://www.datenschutzkonferenz-online.de/datenschutzaufsichtsbehoerden.html.

14. Changes to the Data Protection Statement
We reserve the right to modify this Data Protection Statement to make adjustments for changing legal situations or if services or data processing methods change. However, this only applies to statements about data protection. If user consent is required, the changes will only be made if the user consents.

Please regularly check the content in the Data Protection Statement.
Data Protection Statement last updated: 27. November 2023

Implementation of a Contract

At the time of placing an order, Optima collects name, address(es), bank details, e-mail address, telephone or fax number, client IP address. This information is collected, stored and processed solely for the purpose of establishing or executing the contract, which includes in particular the billing and processing of the contract.

Personal data will only be passed on to third parties if this is necessary for the purpose of the execution of the contract, e.g. when commissioning a mail order company or a payment service provider.

a) Duration of storage
The data will be deleted as soon as they are no longer necessary for the purposes for which they were collected or processed in any other way. Under German law, this period is five years for personal data subject to § 147 AO and ten years for personal data subject to § 257 HGB. The periods begin at the end of the calendar year in which the data was collected.

b) Legal basis
The storage of the data described above is based on Art. 6 para. 1 lit. b and lit. c of the General Data Protection Regulation (GDPR).

c) Possibility of objection and deletion
Since there are legally standardised retention periods here and the data must remain stored and processed for contract execution, an objection or deletion is not possible.

Information by Email

a) Purpose of data collection and use
You can register to receive information according to the subjects you are interested in. When you fill out an online form, the information you enter during the registration process is sent to us. This information may include your e-mail address, last name, first name, IP address, and your choice of subject(s). Details of the campaign are also noted. We record the IP address and the time and date when you activate the Double-Opt-In link because this is required in order to be able to send the information by e-mail.

Once we have received your permission, the Inxmail emarketing system processes data using the so-called unique count procedure:

  • the date and time when images contained in the mailing are retrieved
  • the type of device and software used to display the email when images are retrieved
  • the date, time and type of links clicked on in the mailing.

This data is recorded and stored for each person who receives the eMailing. This method enables us to identify who is interested in which subjects and ensure the relevance of future mailings for our readers according to their interests. If you object to this procedure, personalised data will be made anonymous.

b) Duration of storage
Data will be deleted as soon as they are no longer necessary to achieve the purpose they were collected for and the person has unsubscribed from the mailing list. In accordance with this, the statute of limitations requires us to store information for ten years after dispatch of the last eMail, for the purpose of proof in the event of queries regarding eMailing consents.

c) Legal basis
Your  data (as described above) will only be stored on the legal basis of “prior consent”. (GDPR Article. 6 para. 1[a] ). The possibility of a ‘withdrawal of consent at any time’ does not affect the legality of the ‘processing of personal data based on consent’ prior to withdrawal.

d) Possibility of objection and deletion
You can withdraw your permission to receive information by e-mail at any time with effect for the future by unsubscribing from the mailing list(s). You can also object to the individual evaluation of your e-mails according to the ‘unique count procedure’ described above. You can do this by sending us an eMail, or by clicking on the appropriate link in the Footer of each eMailing.

Email, fax or telephone contact

a) Purpose of data collection and use
You can contact us by e-mail, fax or telephone. We store the data transmitted to us and provided by you, to process your request or enquiry. These data include: name, address, e-mail address, telephone and/or fax number, date and time of the inquiry and the description of the request, if necessary contract data, if the inquiry takes place in the context of a contract admission or - completion. The data will not be passed on to third parties. The data are used to process your contact request.

b) Duration of storage
As soon as the data is no longer necessary to achieve the purpose, it is deleted, which is the case when the conversation has been completed and the facts have been clarified and there are no contractual or tax retention periods to the contrary. This period is five years for personal data subject to § 147 AO and ten years for personal data subject to § 257 HGB. The periods begin at the end of the calendar year in which the data was collected.

c) Legal basis
The data described above will only be stored on the legal basis of Art. 6 para. 1 lit. a EU Basic Regulation on Data Protection (DSGVO) with prior consent in connection with the request, Art. 6 para. 1 lit. b EU Basic Regulation on Data Protection (DSGVO) in connection with the initiation or fulfilment of a contract or Art. 6 para. 1 lit. f EU Basic Regulation on Data Protection (DSGVO). Processing the contact request and preventing misuse of the contact request is within Optima’s legitimate interests. A withdrawal of consent at any time does not affect the legality of the processing of personal data based on the consent prior to the withdrawal.

d) Possibility of objection and deletion
You may at any time withdraw your consent to data processing and to object to the storage of your data. The data stored for the operation is then deleted. If a contract has been concluded, the clause II.2. above applies.

Google Tag Manager

We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

  • Google Tag Manager is a tool that enables us to integrate tracking or statistical tools and other technologies on our website. The Google Tag Manager itself does not create any user profiles, does not store any cookies and does not carry out any independent analyses. It is only used to manage and display the tools integrated via it. However, Google Tag Manager records your IP address, which may also be transmitted to Google's parent company in the United States.
  • The Google Tag Manager is used on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the fast and uncomplicated integration and management of various tools on its website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.
  • The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA, which is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link:  https://www.dataprivacyframework.gov/participant/5780

 

Google Analytics

a) Purpose of data collection and processing
The client IP address is collected for use of the Google Analytics service. This website uses Google Analytics, a web analysis service of Google Inc. "("Google"). Google Analytics uses so-called "cookies", text files which are stored on your end device to enable an analysis of the use of the website. The information generated by the cookie about the use of this website is usually transferred to a Google server in the USA and stored there. However, due to the activation of IP anonymisation on this website, Google will reduce the IP address of the person concerned within Member States of the European Union or in other signatory states to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and be shortened there. Google will use this information on our behalf, to evaluate the use of the website, to compile reports on the website activities and to provide us with further services associated with the use of the website and the Internet. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

b) Duration of storage
As soon as the data are no longer necessary to achieve the purpose, they will be deleted, which is the case when the anonymisation within the European Union has been completed. This takes less than a second.

c) Legal basis
The storage of the data as described above is based on Art. 6 para. 1 letter f of the General Data Protection Regulation (GDPR). The legitimate interest lies in the fact that we are able to analyse the use of the website by all users in its entirety without drawing conclusions about the behaviour of identifiable persons; this enables us to optimise our website and our offers.

d) Possibility of objection and deletion
You can prevent the storage of cookies by changing the settings of your browser software; however, we must point out that if you do this, not all functions of this website may be fully functional. In addition, you can prevent the collection of data generated by the cookie and relating to the use of the website (including the IP address) from Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

Linkedin

Our website uses the "LinkedIn Insight Tag" conversion tool from LinkedIn Ireland Unlimited Company. This tool creates a cookie in your web browser that enables the collection of the following data, among others: IP address, device and browser characteristics and page events (e.g. page views). This data is encrypted, anonymized within seven days and the anonymized data is deleted within 90 days. LinkedIn does not share any personal data with OPTIMA packaging group GmbH, but offers anonymized reports on the website target group and display performance. In addition, LinkedIn offers the possibility of retargeting via the Insight Tag. OPTIMA packaging group GmbH can use this data to display targeted advertising outside its website without identifying you as a website visitor. Further information on data protection at LinkedIn can be found in the LinkedIn privacy policy.

Usercentrics (CMP)

In order for you to manage the use of optional cookies on our website, we have implemented a consent management service. Via the consent management service, the first time you access our website, you will be presented with a previously defined query (“Privacy settings”), which allows you to accept or decline the use of optional cookies by clicking the appropriate button. In addition, clicking on “settings” will take you to the settings of the consent management service, where you will find inter alia a simplified cookie list, classified by type. With the consent management service you can inter alia find out about the purposes of the cookies that we use, the data processed in each case as well as any data recipients and, in the case of optional cookies, you can give or withdraw your consent at any time by selecting or deselecting the relevant box.

Please note that essential cookies are already stored upon accessing our website and that the relevant box is preselected. It is not possible to deselect essential cookies via the consent management service. The functionality of the consent management service itself requires the use of certain cookies.

Service provider information:
Usercentrics GmbH, Sendlinger Straße 7, 80331 München, Germany

Usercentrics website:
https://usercentrics.com/

General Terms and Conditions of Use for Usercentrics software:
https://usercentrics.com/terms-and-conditions/

Usercentrics Privacy Policy:
https://usercentrics.com/privacy-policy/

Facebook, Instagram, Facebook, Twitter buttons

a) Purpose of data collection and use
We do not collect any personal data through buttons on social networks. For the sake of completeness, however, we will explain the technical background. We only use deactivated buttons of the social networks of Facebook, Linkedin, Xing and Youtube. This means that no data is transmitted to these networks. By clicking on the buttons, you choose to activate them and thus establish a connection to the servers of these social networks and thus to transmit data to them: the terms of this transfer are covered by the agreement between you and the social network concerned. Activating the button leads to access to social network content. The type, purpose and scope of data collection and its use can be found in the data protection statements of the corresponding social networks. 

After a second click on the button the visitor can send their recommendation to the social networks. If you would like to recommend several pages, then consent is required on each page. If you want the social network to have permanent access to your data, you can permanently activate the buttons. For this purpose, the appropriate check mark can be placed under a gear icon with the result that the selected button is always directly active.

b) Duration of storage
The duration of the storage depends on the specifications of the social networks.

c) Legal basis
The operators of the social networks can inform you about the legal basis.

d) Possibility of objection and deletion
You can also change your consent to the social network and deactivate the buttons via the gear icon which you used to activate the social media buttons.

Salesviewer

This website uses SalesViewer® technology from SalesViewer® GmbH to collect and store data for marketing, market research and optimization purposes. From this data, usage profiles can be created under a pseudonym. So-called tracking pixels are used for this purpose, which are used to collect company-related data.
The data collected with these technologies will not be used to personally identify the visitor to this website without the separately granted consent of the person concerned and will not be merged with personal data about the bearer of the pseudonym.
The collection and storage of data can be objected to at any time with effect for the future.

Friendly Captcha

We use Friendly Captcha (hereinafter referred to as “Friendly Captcha”) on this website. The provider is Friendly Captcha GmbH, Am Anger 3-5, 82237 Woerthsee, Germany. 
Friendly Captcha is used to verify whether the entry of data into this website (e.g., into a contact form) is being processed by a person or an automated program. For this purpose, Friendly Captcha analyzes the behavior patterns of website visitors based on numerous characteristics. For the analysis, Friendly Captcha examines a wide range of information (e.g., anonymized IP address, referrer, time of the visit, etc.). For more related information please visit: https://friendlycaptcha.com/legal/privacy-end-users/

The storage and analysis of the data occurs on the basis of Art. 6 (1)(f) GDPR. The website operator has a legitimate interest in protecting the operator’s web presentations against abusive automatic spying and SPAM. In the event that respective consent has been obtained, the data will be processed exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TTDSG, if the consent comprises the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) as defined in the TTDSG (German Telecommunications Act). Such consent may be revoked at any time. 

Data processing
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

Rights of the data subject The right to information in accordance with Art. 15 of the General Data Protection Regulation (GDPR)

You have the right to the following information:

a) the purposes of the processing;

b) the categories of personal data being processed;

c) the recipients or categories of recipients to whom the personal data have been or are disclosed, in particular recipients in third countries or international organisations;

d) if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;

e) the existence of a right of rectification or deletion of your personal data or of a restriction on processing by the controller or of a right of opposition to such processing;

f) the right of appeal to a supervisory authority;

g) if the personal data are not collected from the data subject, all available information on the origin of the data;

h) the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) of the Basic Regulation on Data Protection (DSGVO) and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

i) where personal data are transferred to a third country or an international organisation, the data subject shall have the right to be informed of the appropriate guarantees in accordance with Article 46 of the Basic Regulation on Data Protection (DSGVO) in connection with the transfer.

We will provide you with a copy of the personal data that is the subject of the processing. For all other copies that you request, Optima may charge an appropriate fee based on the administrative costs.

The right to correction in accordance with Article 16 of the General Data Protection Regulation (GDPR)

You have the right to ask us to rectify any inaccurate personal data without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary declaration.

The right to erasure (“right to be forgotten”) in accordance with Art.17 of the General Data Protection Regulation (GDPR)

You have the right to ask us to delete your personal data immediately and we are obliged to delete your personal data immediately if one of the following reasons applies:

a) if the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;

b) if you withdraw your consent to processing (Art. 6 para. 1a or Art. 9 para. 2a of the General Data Protection Regulation), and there is no other legal basis for the processing;

c) if you object to processing pursuant to Art. 21 para. 1 of the General Data Protection Regulation (GDPR) and there are no overriding legitimate grounds for the processing, or if you object to processing pursuant to Art. 21 para. 2 of the General Data Protection Regulation (GDPR);

d) if your personal data have been processed unlawfully;

e) if the deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which Optima is subject;

f) if the personal data was collected in relation to information society services offered to children under the age of 16 (Art. 8 para. 1 of the General Data Protection Regulation).

The right to restrict processing in accordance with Article 18 of the General Data Protection Regulation (GDPR)

You have the right to require Optima to restrict processing if one of the following conditions is met:

a) if you disagree with the accuracy of your personal data, we will restrict processing until  the accuracy of your personal data can be verified;

b) if the processing is unlawful and you prefer that the use of the personal data be restricted, instead of deleted;

c) if Optima no longer needs to process the personal data, but you need the data for the purpose of asserting, exercising or defending claims; or

d) if you have objected to processing pursuant to Art. 21 para. 1 of the General Data Protection Regulation (GDPR), as long as it is not yet clear whether Optima’s legitimate interests outweigh yours.

Right to information in accordance with Art. 19 of the General Data Protection Regulation (GDPR)

If you have informed Optima about: corrections to your personal data in accordance with Art. 16 of the General Data Protection Regulation (GDPR); a deletion in accordance with Art. 17 (1) of the General Data Protection Regulation (GDPR); or a restriction on processing in accordance with Art. 18, and if Optima has informed all recipients to whom your personal data have been disclosed of your request (unless this was impossible or disproportionate), then you have the right to be informed of the recipients by Optima.

Right to Data Transferability Art. 20 General Data Protection Regulation (GDPR)

You have the right to receive the personal data that you have provided to Optima in a structured, current and machine-readable format and have the right to transmit this data to another controller without our interference, provided that:

a) the processing is based on: your consent (Art. 6 para. 1 lit a or Art. 9 para. 2a GDPR); or on a contract (Art. 6 para. 1b GDPR) and

b) processing is carried out by means of automated methods.

The rights and freedoms of other persons must not be affected by this.
When exercising the right to data transferability pursuant to paragraph 1, you have the right to request that the personal data be transferred directly by us to another data controller, insofar as this is technically feasible.

The exercise of the right to data transferability does not affect your right to deletion (as described in Art. 17 of GDPR). The right to transferability shall not apply to processing necessary for the performance of a task in the public interest; or in the exercise of public authority conferred on the controller.

Right to object in accordance with Art. 21 of the General Data Protection Regulation (GDPR)

You have the right to object at any time to the processing of your personal data on the basis of Article 6(1) (e) or (f) of GDPR for reasons arising from your particular situation; this also applies to profiling based on these provisions.

We will stop processing your personal data unless we can prove that the processing is absolutely necessary and worthy of protection, and that this outweighs your interests, rights and freedoms; or that the processing serves to assert, exercise or defend legal claims.

Where your personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purposes of such advertising, including profiling in so far as it is related to such direct marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for this purpose.

You may withdraw your consent at any time. However, the collection and processing that has taken place up to this point remains legal.

Automated decisions in individual cases including profiling in accordance with Art. 22 General Data Protection Regulation (GDPR)

You shall not be subject to a decision based exclusively on automated processing - including profiling - which has legal effect against you or significantly impacts you in a negative manner.
This does not apply if the decision:

a) is necessary for the conclusion or performance of a contract between yourself (or your employer) and us,

b) is admissible by law of the Union or of the Member States to which we are subject, and that law contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or

c) you have given your express consent.

These decisions may not be based on special categories of personal data (as described in Art. 9 para. 1 GDPR) unless Art. 9 para. 2 a or g of the General Data Protection Regulation (GDPR) applies and appropriate measures have been taken to protect your rights, freedoms and legitimate interests.

In the above-mentioned examples of your rights, we take appropriate measures to protect your rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on our side, to state his own position and to challenge the decision.

Right of appeal to a supervisory authority pursuant to Art. 77 General Data Protection Regulation (GDPR)

If you consider that the processing of your personal data is contrary to the General Data Protection Regulation (GDPR) you have the right of appeal to a supervisory authority in the Member State of his place of residence, his place of employment or the place where the suspected infringement occurred.

The supervisory authority with whom the complaint has been lodged will inform you of the status and results of your complaint, including the possibility of a judicial remedy under Article 78 of the General Data Protection Regulation (GDPR).

The right to an effective judicial remedy against Optima or our contract processors pursuant to Article 79 of the General Data Protection Regulation (GDPR)

Without prejudice to any available administrative or extra-judicial remedy, including the right of appeal to a supervisory authority: if you consider that your rights have been infringed as a result of processing of your personal data in breach of the General Data Protection Regulation (GDPR) you have the right to an effective judicial remedy under Article 77 of the General Data Protection Regulation (GDPR).

Any action against us by a processor shall be brought in the courts of the Member State in which we or the processor have a place of business. Alternatively, such actions may also be brought before the courts of the Member State in which the person concerned is resident, unless the controller or processor is a public authority of a Member State acting in the exercise of its public powers.

© 2024 OPTIMA. All rights reserved.
loading ...