Privacy

We are delighted that you have taken an interest in our company. Data protection is a top priority for the management of Opteamax GmbH and its subsidiaries.

This privacy policy applies equally to Opteamax GmbH and Opteamax Infrastructure GmbH, as well as to all projects operated by either of the aforementioned companies. In the following, the term ‘Opteamax’ is therefore used in this document to refer to both companies and all projects operated by them. Where a specific reference to one company is required within the document, this will be clearly indicated.

It is generally possible to use the Opteamax website without providing any personal data. However, should a data subject wish to make use of specific services offered by our companies via our website, the processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally seek the consent of the data subject.

The processing of personal data – such as a data subject’s name, address, email address or telephone number – is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Opteamax. Through this privacy policy, our company aims to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects of their rights.

As the data controller, Opteamax has implemented numerous technical and organisational measures to ensure the most comprehensive possible protection of the personal data processed via this website. However, internet-based data transmissions may, in principle, be subject to security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, any data subject is free to provide us with personal data via alternative means, such as by telephone.

1. Definitions

The Opteamax Privacy Policy is based on the terminology used by the European legislators and regulators when enacting the General Data Protection Regulation (DS-GVO). Our privacy policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used at the outset.

In this privacy policy, we use the following terms, amongst others:

(a) personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the ‘data subject’). A natural person is regarded as identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics that reflect the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

(b) data subject

A data subject is any identified or identifiable natural person whose personal data is processed by the data controller.

(c) Processing

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

(d) Restriction of processing

Restriction of processing refers to the marking of stored personal data with the aim of restricting its future processing.

(e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that person’s work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements of that natural person.

(f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures that ensure the personal data cannot be attributed to an identified or identifiable natural person.

(g) Data controller or controller

The controller is 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. Where the purposes and means of such processing are laid down by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.

(h) Data processors

A data processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the data controller.

(i) Recipient

A recipient is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, regardless of whether or not they are a third party. However, public authorities which may receive personal data in the course of a specific investigation mandate under Union law or the law of the Member States shall not be regarded as recipients.

(j) Third party

A ‘third party’ means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.

(k) Consent

Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes, expressed in the form of a statement or other unambiguous affirmative action, by which the data subject indicates that they consent to the processing of their personal data.

2. Name and address of the data controller

The data controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions relating to data protection is:

Opteamax GmbH Virnebergstraße 50 53619 Rheinbreitbach Germany
Tel.: +49 2224 969500 Email: info@opteamax.de Website: www.opteamax.de Opteamax Infrastructure GmbH Virnebergstraße 50 53619 Rheinbreitbach Germany
Tel.: +49 2224 969500 Email: info@opteamax.eu Website: www.opteamax.eu

3. Cookies and local storage

Our website does not use cookies.

For two convenience features – your chosen language and colour scheme (light or dark) – we store your selections in your browser’s local storage (‘localStorage’). This information remains exclusively on your device; it is not transferred to our servers and can be deleted at any time via your browser settings. If you disable local storage, the website will remain fully usable; your selections will simply not be remembered for your next visit.

4. Collection of general data and information

The Opteamax website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following may be recorded: (1) the types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (known as the referrer), (4) the sub-pages on our website accessed via an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the internet service provider of the accessing system; and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.

When using this general data and information, Opteamax does not draw any conclusions about the data subject. Rather, this information is required in order to (1) display the content of our website correctly, (2) to optimise the content of our website and the advertising on it, (3) to ensure the long-term functionality of our IT systems and the technology underpinning our website, and (4) to provide law enforcement agencies with the information necessary for criminal prosecution in the event of a cyberattack. This anonymously collected data and information is therefore analysed by Opteamax, on the one hand, for statistical purposes and, on the other, with the aim of enhancing data protection and data security within our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from any personal data provided by a data subject.

5. Contact details on the website

In accordance with legal requirements, the Opteamax website contains information that enables users to contact our company quickly by electronic means and to communicate directly with us; this also includes a general electronic mail address (e-mail address). Where a data subject contacts the data controller by email or via a contact form, the personal data transmitted by the data subject is stored automatically. Such personal data, provided voluntarily by a data subject to the data controller, is stored for the purposes of processing the enquiry or contacting the data subject. This personal data is not disclosed to third parties.

6. Routine erasure and restriction of personal data

The data controller shall process and store the data subject’s personal data only for the period necessary to fulfil the purpose of storage, or insofar as this is provided for by the European legislator (in directives and regulations) or by another legislator in laws or regulations to which the data controller is subject.

If the purpose for which the data is stored no longer applies, or if a retention period prescribed by the European legislator (directives and regulations) or another competent legislative body expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

7. Rights of the data subject

(a) Right to confirmation

Every data subject has the right, as granted by the European legislator, to request confirmation from the data controller as to whether personal data relating to them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact our managing director or another member of staff of the data controller at any time.

(b) Right of access

Any data subject whose personal data is being processed has the right, as granted by the European legislator, to obtain from the controller, at any time and free of charge, information regarding the personal data stored about them and a copy of that information. Furthermore, the European legislator has granted the data subject the right to be provided with the following information:

• the purposes of the processing
• the categories of personal data being processed
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular where recipients are in third countries or are international organisations
• where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period
• the existence of a right to have personal data concerning them rectified or erased, or to have processing restricted by the controller, or a right to object to such processing
• the existence of a right to lodge a complaint with a supervisory authority
• where the personal data are not collected from the data subject: All available information regarding the origin of the data
• the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) DS-GVO and — at least in such cases — meaningful information about the logic involved, as well as the scope and intended consequences of such processing for the data subject

Furthermore, the data subject has the right to be informed as to whether personal data has been transferred to a third country or to an international organisation. Where this is the case, the data subject is also entitled to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, they may contact our managing director or another member of staff of the data controller at any time.

(c) Right to rectification

Any data subject whose personal data is being processed has the right, as granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request that incomplete personal data be completed — including by means of a supplementary statement.

If a data subject wishes to exercise this right to rectification, they may contact our managing director or another member of staff of the data controller at any time.

(d) Right to erasure (right to be forgotten)

Any data subject whose personal data is being processed has the right, as granted by European legislation, to request that the controller erase their personal data without delay, provided that one of the following grounds applies and insofar as the processing is not necessary:

• The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
• The data subject withdraws their consent on which the processing was based in accordance with Article 6(1)(a) DS-GVO or Article 9(2)(a) DS-GVO, and there is no other legal basis for the processing.
• The data subject objects to the processing in accordance with Article 21(1) DS-GVO, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21(2) DS-GVO.
• The personal data has been processed unlawfully.
• The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
• The personal data was collected in relation to information society services offered in accordance with Article 8(1) DS-GVO.

If any of the above reasons apply and a data subject wishes to request the erasure of personal data stored by Opteamax, they may contact our managing director or another member of staff of the data controller at any time. The managing director of Opteamax or another member of staff will ensure that the request for erasure is complied with without delay.

If the personal data has been made public by Opteamax and our company, as the data controller, is obliged under Article 17(1) of DS-GVO to erase the personal data, then Opteamax shall, taking into account the available technology and the costs of implementation, take appropriate measures, including technical measures, to inform other data controllers who are processing the published personal data, that the data subject has requested that these other data controllers delete all links to this personal data or any copies or replicas of this personal data, insofar as the processing is not necessary. The managing director of Opteamax or another member of staff will take the necessary steps on a case-by-case basis.

(e) Right to restriction of processing

Any data subject whose personal data is being processed has the right, as granted by European legislation, to request that the controller restrict the processing if any of the following conditions are met:

• The data subject disputes the accuracy of the personal data, for a period sufficient to enable the controller to verify the accuracy of the personal data.
• The processing is unlawful; the data subject objects to the erasure of the personal data and instead requests that the use of the personal data be restricted.
• The controller no longer requires the personal data for the purposes of processing, but the data subject requires it to establish, exercise or defend legal claims.
• The data subject has objected to the processing in accordance with Article 21(1) DS-GVO, and it has not yet been determined whether the controller’s legitimate grounds override those of the data subject.

Where any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by Opteamax, they may contact our managing director or another member of staff of the data controller at any time. The managing director of Opteamax or another member of staff will arrange for the processing to be restricted.

(f) Right to data portability

Any data subject affected by the processing of personal data has the right, as granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6(1)(a) DS-GVO or Article 9(2)(a) DS-GVO or on a contract pursuant to Article 6(1)(b) DS-GVO, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising their right to data portability in accordance with Article 20(1) DS-GVO, the data subject has the right to have their personal data transmitted directly from one controller to another, provided that this is technically feasible and does not adversely affect the rights and freedoms of others.

To exercise their right to data portability, the data subject may contact the managing director of Opteamax or another member of staff at any time.

(g) Right to object

Any data subject affected by the processing of personal data has the right, granted by the European legislator, to object, on grounds relating to their particular situation, to object at any time to the processing of personal data concerning them which is carried out on the basis of Article 6(1)(e) or (f) DS-GVO. This also applies to profiling based on these provisions.

In the event of an objection, Opteamax will no longer process personal data, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing is necessary for the establishment, exercise or defence of legal claims.

Where Opteamax processes personal data for the purposes of direct marketing, the data subject has the right to object at any time to the processing of their personal data for the purposes of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Opteamax processing their personal data for the purposes of direct marketing, Opteamax will no longer process the personal data for these purposes.

Furthermore, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them carried out by Opteamax for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact the managing director of Opteamax or another member of staff directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures using technical specifications.

(h) Automated individual decision-making, including profiling

Any data subject affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject, and that law provides for appropriate measures to safeguard the data subject’s rights and freedoms as well as their legitimate interests; or (3) is based on the data subject’s explicit consent.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, Opteamax shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including, at a minimum, the right to obtain human intervention on the part of the controller, to express their point of view and to challenge the decision.

If the data subject wishes to exercise their rights in relation to automated decision-making, they may contact our managing director or another member of staff of the data controller at any time.

(i) Right to withdraw consent under data protection law

Any data subject whose personal data is being processed has the right, as granted by the European legislator, to withdraw their consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they may contact our managing director or another member of staff of the data controller at any time.

8. Data protection in relation to job applications and the recruitment process

The data controller collects and processes applicants’ personal data for the purpose of managing the application process. Processing may also be carried out electronically. This is particularly the case where an applicant submits the relevant application documents to the data controller electronically, for example by email or via a web form on the website. If the data controller enters into an employment contract with an applicant, the data provided will be stored for the purpose of managing the employment relationship in accordance with the relevant legal provisions. If the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the data controller preclude such deletion. Other legitimate interests in this context include, for example, the burden of proof in proceedings under the General Equal Treatment Act (AGG).

9. Contact forms and spam protection

On our website, we provide forms for general enquiries, peering enquiries and job applications. The data entered via these forms will be processed solely for the purpose of dealing with your enquiry and will be forwarded by email to the relevant department within our organisation. The data will not be passed on to third parties.

To protect against automated messages, we use a process that we operate ourselves: before sending a message, your browser performs a small computational task (‘Proof of Work’). This process does not involve setting cookies or transferring data to third parties. In addition, we automatically check incoming messages for typical characteristics of unsolicited bulk mail. Messages classified as such are not delivered, but are retained for a limited period for manual review and subsequently deleted.

10. No web analytics, no third-party integration

Our website does not use any web analytics services, advertising networks or third-party content such as fonts, maps, videos or scripts. All content is delivered exclusively from our own servers.

11. Defence against automated attacks

Like any service accessible via the internet, our servers are continuously and automatically scanned for known security vulnerabilities. If we detect such attempts, we log the relevant IP address, the path requested and the time of the attempt, and, where appropriate, report the incident to a service designed to defend against such attacks. The legal basis for this is Article 6(1)(f) DS-GVO; our legitimate interest lies in the security and availability of our systems. These logs are deleted once the purpose for which they were collected no longer applies, or at the latest after the statutory retention periods have expired.

12. Looking Glass

We provide a Looking Glass tool on our website. This allows you to enter a public IP address or an IP prefix and retrieve the corresponding entry in the routing table from one of our core routers (‘show route’), ping the destination (“ping”) or trace the route to it (“traceroute”). Private and reserved address ranges are excluded from the query.

We log every query, recording your IP address, the selected router, the command entered, the destination specified, as well as the time and duration. This logging is necessary to limit the number of queries per connection – currently five queries per minute and fifty per hour – and to be able to trace who initiated the transmission of packets by our routers. The legal basis is Article 6(1)(f) DS-GVO; our legitimate interest lies in protecting our routers from misuse and in ensuring the traceability of the data traffic originating from them. The logs are automatically deleted after seven days.

Here, too, your browser solves a simple maths problem (‘Proof of Work’) before submitting the form; unlike with the contact forms, solving this problem is mandatory in this case. No cookies are set and no data is transferred to third parties. The calculation is carried out exclusively on our own routers.

13. Legal basis for processing

Article 6(1)(a) DS-GVO serves as the legal basis for our company’s processing operations where we obtain consent for a specific purpose of processing. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party – as is the case, for example, with processing operations required for the delivery of goods or the provision of any other service or consideration – the processing is based on Article 6(1)(b) of the DS-GVO. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of enquiries regarding our products or services. Where our company is subject to a legal obligation which necessitates the processing of personal data, such as to fulfil tax obligations, the processing is based on Article 6(1)(c) of the DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and their name, age, health insurance details or other vital information subsequently had to be disclosed to a doctor, a hospital or other third parties. In such cases, the processing would be based on Article 6(1)(d) of the DS-GVO. Finally, processing operations may be based on Article 6(1)(f) of the DS-GVO. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, where the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not take precedence. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, second sentence, DS-GVO).

14. Legitimate interests in processing pursued by the controller or a third party

Where the processing of personal data is based on Article 6(1)(f) DS-GVO, our legitimate interest is the conduct of our business activities for the benefit of all our employees and shareholders.

15. The period for which personal data is stored

The criterion for the duration of the storage of personal data is the relevant statutory retention period. Once this period has expired, the relevant data is routinely deleted, provided it is no longer required for the performance of a contract or for entering into a contract.

16. Legal or contractual requirements regarding the provision of personal data; necessity for the conclusion of the contract; the data subject’s obligation to provide personal data; possible consequences of failure to provide such data

We would like to inform you that the provision of personal data is, in some cases, required by law (e.g. tax regulations) or may also arise from contractual provisions (e.g. details of the contracting party). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact our managing director. Our managing director will explain to the data subject, on a case-by-case basis, whether the provision of personal data is required by law or under the terms of the contract, or is necessary for the conclusion of the contract; whether there is an obligation to provide the personal data; and what the consequences would be of failing to provide the personal data.

17. Use of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

This privacy policy was drawn up using the privacy policy generator provided by DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Munich, in collaboration with Christian Solmecke, a solicitor specialising in data protection law.