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I. - Name and address of the controller

The controller as defined by the General Data Protection Regulation (GDPR) and other national data protection laws of the EU Member States as well as other data protection regulations is:

Photonic Sense GmbH
Am Goldberg 3
99817 Eisenach, Germany
Phone: +49 3691 7318-0
Fax: +49 3691 7318-79
E-Mail: info@photonic-sense.com

 

Represented by the managing directors:

Tobias Delle and Stefan Trippe,
listed at companies registration office at Jena district court, HRB 405874
Turnover tax registration number: DE 172374625

 

II. - Name and address of the Data Protection Officer

The Data Protection Officer of the controller is:

Photonic Sense GmbH
Tobias Delle
Am Goldberg 3
99817 Eisenach, Germany
Phone: +49 3691 7318-10
E-Mail: info@photonic-sense.com

 

III. - General information on data processing

1. Scope of the processing of personal data

We only process the personal data of our users to the extent that this is necessary to provide a functional website as well as our content and services. We generally only process our users’ personal data after obtaining the consent of the user. An exception applies in such cases in which the processing of the data is permitted by legal regulations.

 

2. Legal basis for the processing of personal data

To the extent that we obtain the consent of the data subject for the processing of personal data, Art. 6(1) a EU General Data Protection Regulation (GDPR) is the legal basis for the processing of personal data. Where the processing of personal data is necessary for the fulfillment of a contract to which the data subject is a party, Art. 6(1) b GDPR is the legal basis. This also applies to processing that is necessary to carry out pre-contractual measures. To the extent that the processing of personal data is necessary to fulfill a legal obligation imposed on our company, Art. 6(1) c GDPR is the legal basis. Where processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6(1) f GDPR is the legal basis for processing.

 

3. Data erasure and storage duration

The user’s personal data will be erased or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

 

IV. - Provision of the website and creation of log files

1. Description and scope of data processing

Every time you visit our website, our system automatically collects data and information from the computer system of the visiting computer. The following data are collected:

• Date, time, access status (file found, not found, etc.) and the request that your browser has sent to the server
• The amount of data transferred and the website from which you accessed the requested page, and
• The individual pages that you visit on our website
• The product and version information of the browser used (user agent) as well as the preferred language set
• The IP address of the user.

 

The data are also stored in our system’s log files. These data are not stored together with other personal data of the user.

 

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6(1) f GDPR.

 

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this, the user’s IP address must remain stored for the duration of the session. The data are stored in log files to ensure the correct functioning of the website. In addition, the data help us to optimize the website and to ensure the security of our IT systems. The data are not analyzed for marketing purposes in this context. Our legitimate interest in data processing pursuant to Art. 6(1) f GDPR also lies in these purposes.

 

4. Duration of storage

The personal data will be erased as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the session in question has ended. If the data are stored in log files, this is the case after one month at the latest. Further storage is possible in anonymous form. In this case, the IP addresses of the users are erased or distorted, so that it is no longer possible to allocate the visiting client.

 

5. Objection and elimination option

The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Consequently, it is not possible for the user to object.

 

V. - Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a distinctive string that enables an unambiguous identification of the browser when the website is visited again.
We use cookies to make our website more user-friendly. Some elements of our website require the visiting browser to be identified even after a page change.

 

The following data are stored and transferred in the cookies:

• Globally Unique Identifier (GUID)
• Language settings
• Shared secret (alphanumeric string)
• Boolean

 

2. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6(1) f GDPR.

 

3. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some features of our website cannot be offered without the use of cookies. For these features, it is necessary for the browser to be recognized even after a page change.

 

We need cookies for the following applications:

• Identification of the user session in the server’s memory
• Prevention of and defense against attacks (e.g. anti-forgery tokens to prevent cross-site request forgery)
• Storage of the information that the user has read and accepted the Privacy Policy
• Storage of the information that the user does not want to be redirected to the URL suitable for his country

 

The user data collected by technically necessary cookies are not used to create user profiles.
Our legitimate interest in processing personal data pursuant to Art. 6(1) f GDPR also lies in these purposes.

 

4. Duration of storage, objection and elimination option

Cookies are stored on the user’s computer and transferred to our site from here. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transfer of cookies by changing the settings in your Internet browser. Cookies that have already been stored can be erased at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

 

VI. - E-mail contact

1. Description and scope of data processing

You can contact us via the e-mail address provided. In this case, the user’s personal data transferred by e-mail will be stored.
The data will not be passed on to third parties in this context. The data are used exclusively for processing the conversation.

 

2. Legal basis for data processing

The legal basis for the processing of data with the presence of the user’s consent is Art. 6(1) a GDPR.
The legal basis for the processing of data transferred in the course of sending an e-mail is Art. 6(1) f GDPR. Where the e-mail contact is for the purpose of concluding a contract, the additional legal basis for the processing is Art. 6(1) b GDPR.

 

3. Purpose of data processing

We only process personal data for the purpose of processing the establishment of contact. Where contact is made by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.

 

4. Duration of storage

The personal data will be erased as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the particular conversation with the user is finished. The conversation is finished when it can be inferred from the circumstances that the matter in question has been clarified.
The additional personal data collected during the sending process will be erased after three months at the latest.

 

5. Objection and elimination option

The user is able to withdraw his consent to the processing of his personal data at any time. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. To withdraw his declaration of consent, the user only has to notify us of this. All personal data stored in the course of contacting us will be erased in this case.

 

VII. - Processing of data in countries outside the European Economic Area

Where we process data in third countries (countries outside the EU/EEA) or transmit data to companies in third countries, we will only do so if we are authorized to do so by you or by the law. If there is no adequacy decision by the Commission pursuant to Art. 45 GDPR for the third country concerned, i.e. there is no adequate level of data protection in the third country, we ensure through contractual provisions (standard EU contractual clauses on data protection) or other suitable guarantees as defined by Art. 46 GDPR that your privacy and your personal data are also adequately and legally protected in the company in the third country.

 

VIII. - Your rights as a data subject

Where we process your personal data, you as the data subject have the following rights vis-ŕ-vis the controller. To assert your rights, which are outlined below, please contact:

 

Photonic Sense GmbH
Am Goldberg 3
99817 Eisenach, Germany
Phone: +49 3691 7318-0
Fax: +49 3691 7318-79
E-Mail: info@photonic-sense.com

 

1. Right to information

You can ask us for a confirmation of whether your personal data are processed by us. If such processing takes place, you can request the following information from us:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom your personal data have been or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if no specific information on this is possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of your personal data, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Art. 22(1) and (4) GDPR and – at least in these 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 request information as to whether your personal data are transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.

 

2. Right to rectification

You have a right to rectification and/or completion vis-ŕ-vis the controller if your processed personal data are inaccurate or incomplete. The controller must make the rectification immediately.

 

3. Right to restriction of processing

Under the following conditions, you may request that the processing of your personal data be restricted:
(1) if you dispute the accuracy of your personal data for a period of time that enables the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you reject the erasure of the personal data and instead request that the use of the personal data be restricted;
(3) the controller no longer needs the personal data for the processing purposes, but you need them to establish, exercise or defend legal claims, or
(4) if you have lodged an objection to the processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate reasons of the controller override your reasons.

 

Where the processing of your personal data has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of establishing, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.
If the processing restriction has been restricted in accordance with the above conditions, you will be notified by the controller before the restriction is lifted.

 

4. Right to erasure

a) Erasure obligation
You may ask the controller to erase your personal data immediately. The controller is then obliged to erase these data immediately if one of the following reasons applies:
(1) your personal data are no longer required for the purposes for which they were collected or otherwise processed;
(2) you withdraw your consent on which the processing pursuant to Art. 6(1) a or Art. 9(2) a GDPR was based and there is no other legal basis for processing;
(3) you lodge an objection to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate reasons for the processing, or you lodge an objection to the processing pursuant to Art. 21(2) GDPR;
(4) your personal data have been processed unlawfully;
(5) the erasure of your personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject;
(6) your personal data have been collected in relation to information society services offered pursuant to Art. 8(1) GDPR.

 

b) Information to third parties
Where the controller has made your personal data public and if he is obliged to erase the data pursuant to Art. 17(1) GDPR, he will take reasonable steps, including technical measures, taking into account the available technology and the implementation costs, to inform controllers who are processing the personal data that you as the data subject have requested the erasure of all links to these personal data or of copies or replications of these personal data.

 

c) Exceptions
The right to erasure does 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 makes processing necessary under 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 pursuant to Art. 9(2) h and i as well as Art. 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, to the extent that the right referred to in a) is likely to render impossible or seriously impair the achievement of the objectives of such processing, or
(5) for establishing, exercising or defending legal claims.

 

5. Right to notification

Where you have exercised your right to have the controller rectify, erase or restrict the processing, he is obliged to notify all recipients to whom your personal data have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate amount of effort.
You have the right vis-ŕ-vis the controller to be notified of such recipients.

 

6. Right to data portability

You have the right to receive your personal data that you have provided to the controller in a structured, common and machine-readable format. In addition, you have the right to pass these data on to another controller without obstruction by the controller to whom the personal data were provided, provided that
(1) the processing is based on consent pursuant to Art. 6(1) a GDPR or Art. 9(2) a GDPR or on a contract pursuant to Art. 6(1) b GDPR, and
(2) processing is carried out using automated methods.

 

In exercising this right, you also have the right to request that your personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible. The freedoms and rights of other persons must not be impaired by this.
The right to data portability will not apply to the 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, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is carried out pursuant to Art. 6(1) e or f GDPR; this also applies to profiling based on these provisions.
The controller will then no longer process your personal data unless he can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to establish, 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 purpose of such marketing; this also applies to profiling, to the extent that it is associated with such direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You may exercise your right to object in connection with the use of information society services – Directive 2002/58/EC notwithstanding – by means of automated procedures using technical specifications.

 

8. Right to withdraw the data protection declaration of consent

You have the right to withdraw the data protection declaration of consent at any time. The withdrawal of consent will not affect the legality of processing carried out on the basis of consent before withdrawal.

 

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision

(1) is necessary for the conclusion or fulfillment of a contract between you and the controller,
(2) is admissible due to Union or Member State law to which the controller is subject and this legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
(3) takes place with your express consent. However, these decisions may not be based on special categories of personal data pursuant to Art. 9(1) GDPR, unless Art. 9(2) a or g applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests. When using our website, the user is not subject to any such automated decisions in individual cases, including profiling.

 

10. Right of complaint to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State where you reside or work or where you suspect infringement, if you believe that the processing of your personal data infringes the GDPR.

The supervisory authority with which the complaint has been lodged will inform the complainant of the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

 

 

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