Privacy Policy

We are delighted that you have taken an interest in our company. Data protection is a top priority for the management of Insight Instruments. In principle, it is possible to use the Insight Instruments website without providing any personal data. However, should a data subject wish to make use of specific services offered by our company 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 Insight Instruments. 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, Insight Instruments 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

Insight Instruments’ Privacy Policy is based on the terminology used by the European legislators and regulators when enacting the General Data Protection Regulation (GDPR). 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, distribution or any other form of disclosure, the matching or linking, the 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 natural 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 are 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 any other clear 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:

Insight Instruments

Steglandweg, 5

Hallein 5400

Austria

Tel.: 0043 – 6245 – 71149

Email: office@insight.co.at

Website: www.biofeedback.co.at

3. Cookies

The Insight Instruments website uses cookies. Cookies are text files that are placed and stored on a computer system via a web browser.

Numerous websites and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that enables websites and servers to associate the cookie with the specific web browser in which it was stored. This enables the websites and servers visited to distinguish the data subject’s individual browser from other web browsers that contain different cookies. A specific web browser can be recognised and identified via the unique cookie ID.

By using cookies, Insight Instruments is able to provide users of this website with more user-friendly services, which would not be possible without the use of cookies.

Cookies enable us to optimise the information and content on our website to suit the user’s needs. As already mentioned, cookies allow us to recognise users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that uses cookies does not have to re-enter their login details every time they visit the site, as this is handled by the website and the cookie stored on the user’s computer system. Another example is the shopping basket cookie in an online shop. The online shop uses a cookie to remember the items a customer has placed in their virtual shopping basket.

The data subject may prevent our website from setting cookies at any time by adjusting the settings of their web browser accordingly, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software programmes. This is possible in all common web browsers. If the data subject disables the setting of cookies in their web browser, it may not be possible to use all the functions of our website to their full extent.

4. Collection of general data and information

The Insight Instruments 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, Insight Instruments does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver 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 authorities with the information necessary for criminal prosecution in the event of a cyberattack. This data and information, collected anonymously, is therefore analysed by Insight Instruments both for statistical purposes and 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. Data collection on our website

The data subject has the option of registering on the data controller’s website by providing personal data. The personal data transmitted to the data controller in this process is determined by the relevant input form used for data collection. The personal data entered by the data subject is collected and stored exclusively for internal use by the data controller and for its own purposes. The data controller may arrange for the personal data to be passed on to one or more data processors, such as a parcel delivery service, which will also use the personal data exclusively for internal purposes attributable to the data controller.

When data is collected via the data controller’s website, the IP address assigned by the data subject’s internet service provider (ISP), as well as the date and time of collection, are also stored. This data is stored on the basis that this is the only way to prevent the misuse of our services, and that, where necessary, this data enables criminal offences to be investigated. In this respect, the storage of this data is necessary to safeguard the data controller. As a general rule, this data is not disclosed to third parties, unless there is a legal obligation to do so or the disclosure serves the purposes of criminal prosecution.

The registration of the data subject, involving the voluntary provision of personal data, enables the data controller to offer the data subject content or services which, by their very nature, can only be made available to registered users. Registered users are free to amend the personal data provided at the time of registration at any time or to have it deleted entirely from the data controller’s database.

The data controller shall, upon request, provide any data subject at any time with information regarding which personal data relating to that data subject is stored. Furthermore, the data controller shall rectify or erase personal data at the request or upon notification by the data subject, provided that this does not conflict with any statutory retention obligations. A Data Protection Officer named in this privacy policy and all employees of the data controller are available to the data subject as points of contact in this regard.

6. Subscription to our newsletter

The Insight Instruments website offers users the opportunity to subscribe to our company’s newsletter. The personal data transmitted to the data controller when subscribing to the newsletter is specified in the form provided for this purpose.

Insight Instruments keeps its customers and business partners informed at regular intervals about the company’s offers via a newsletter. In principle, a data subject can only receive our company’s newsletter if (1) they have a valid email address and (2) they have registered to receive the newsletter. For legal reasons, a confirmation email is sent to the email address provided by a data subject when they first register for the newsletter, using the double opt-in procedure. This confirmation email serves to verify whether the holder of the email address, as the data subject, has authorised the receipt of the newsletter.

When you subscribe to the newsletter, we also store the IP address assigned by the internet service provider (ISP) to the computer system used by the data subject at the time of subscription, as well as the date and time of subscription. The collection of this data is necessary to enable us to trace any (potential) misuse of a data subject’s email address at a later date and therefore serves to provide legal protection for the data controller.

The personal data collected when you subscribe to the newsletter will be used exclusively for the purpose of sending out our newsletter. Furthermore, newsletter subscribers may be informed by email where this is necessary for the operation of the newsletter service or for related data collection purposes, as might be the case with changes to the newsletter content or alterations to the technical conditions. No personal data collected as part of the newsletter service will be passed on to third parties. The data subject may cancel their subscription to our newsletter at any time. Consent to the storage of personal data, which the data subject has given to us for the purpose of sending the newsletter, may be withdrawn at any time. A link for this purpose is provided in every newsletter. Furthermore, it is possible to unsubscribe from the newsletter at any time directly on the data controller’s website or to notify the data controller of this in another manner.

7. Newsletter tracking

Insight Instruments’ newsletters contain what are known as web beacons. A web beacon is a tiny graphic embedded in emails sent in HTML format to enable log file recording and analysis. This allows for a statistical evaluation of the success or failure of online marketing campaigns. Using the embedded web beacon, Insight Instruments can determine whether and when an email has been opened by a data subject and which links contained in the email have been clicked by the data subject.

Such personal data collected via the tracking pixels contained in the newsletters is stored and analysed by the data controller in order to optimise the distribution of the newsletter and to tailor the content of future newsletters even more closely to the interests of the data subject. This personal data is not disclosed to third parties. Data subjects are entitled at any time to withdraw the separate declaration of consent given in this regard via the double opt-in procedure. Following such a withdrawal, this personal data will be deleted by the data controller. Insight Instruments automatically interprets unsubscribing from the newsletter as a withdrawal of consent.

8. Contact details on the website

In accordance with legal requirements, the Insight Instruments 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 provided 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.

9. 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.

10. 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 controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact our Data Protection Officer 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 processing
    • the categories of personal data that are 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 the 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 on the origin of the data
    • the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR 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 Data Protection Officer or another member of staff of the data controller at any time.

  • (c) Right to rectification

    Any data subject affected by the processing of personal data 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 data protection officer 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 the personal data relating to them without delay, provided that one of the following grounds applies and insofar as the processing is not necessary:

    • The personal data was 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) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
    • The data subject objects to the processing in accordance with Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21(2) of the GDPR.
    • The personal data was processed unlawfully.
    • The erasure of 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.
    • Personal data was collected in connection with the information society services offered, in accordance with Article 8(1) of the GDPR.

    If any of the above reasons apply and a data subject wishes to request the erasure of personal data held by Insight Instruments, they may contact our Data Protection Officer or another member of staff of the data controller at any time. The Data Protection Officer at Insight Instruments 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 Insight Instruments and our company, as the data controller, is obliged under Article 17(1) of the GDPR to erase the personal data, Insight Instruments 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 Data Protection Officer at Insight Instruments 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 data controller no longer requires the personal data for the purposes of processing, but the data subject requires it in order to establish, exercise or defend legal claims.
    • The data subject has lodged an objection to the processing in accordance with Article 21(1) of the GDPR, and it has not yet been determined whether the legitimate grounds of the controller outweigh those of the data subject.

    Where any of the above conditions are met and a data subject wishes to request the restriction of the processing of personal data held by Insight Instruments, they may contact our Data Protection Officer or another member of staff of the data controller at any time. The Data Protection Officer at Insight Instruments 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) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, 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) of the GDPR, 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, data subjects may contact the data protection officer appointed by Insight Instruments or any other 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 their personal data carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

    In the event of an objection, Insight Instruments will no longer process the 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 Insight Instruments 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 Insight Instruments processing their personal data for the purposes of direct marketing, Insight Instruments will no longer process the personal data for these purposes.

    Furthermore, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them carried out by Insight Instruments for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, 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 Insight Instruments’ Data Protection Officer 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, Insight Instruments shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including, at a minimum, the right to obtain human intervention on the part of the controller, to set out 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 Data Protection Officer 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, 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 Data Protection Officer or another member of staff at the data controller at any time.

11. 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).

12. Data Protection Policy on the Use of Facebook

The data controller has integrated components from Facebook into this website. Facebook is a social network.

A social network is a social meeting place operated on the internet, an online community that generally enables users to communicate with one another and interact in a virtual space. A social network can serve as a platform for exchanging opinions and experiences, or enable the online community to share personal or business-related information. Among other things, Facebook allows users of the social network to create private profiles, upload photos and connect with others via friend requests.

Facebook is operated by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. Where a data subject resides outside the USA or Canada, the data controller responsible for the processing of personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Each time a user accesses one of the individual pages of this website – which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the web browser on the data subject’s IT system is automatically prompted by the relevant Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook is informed of which specific subpage of our website the data subject is visiting.

Provided that the data subject is logged into Facebook at the same time, Facebook recognises, each time the data subject visits our website and throughout the duration of their visit to our website, which specific subpage of our website the data subject is visiting. This information is collected by the Facebook component and linked by Facebook to the data subject’s respective Facebook account. If the data subject clicks one of the Facebook buttons integrated into our website, such as the „Like“ button, or if the data subject posts a comment, Facebook associates this information with the data subject’s personal Facebook user account and stores this personal data.

Facebook receives information via the Facebook component whenever the data subject visits our website, provided that the data subject is logged into Facebook at the time of accessing our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not wish this information to be transmitted to Facebook, they can prevent such transmission by logging out of their Facebook account before visiting our website.

The data policy published by Facebook, which is available at https://de-de.facebook.com/about/privacy/, provides information on the collection, processing and use of personal data by Facebook. It also explains the settings options Facebook offers to protect the data subject’s privacy. In addition, various applications are available that make it possible to prevent data from being transferred to Facebook. The data subject may use such applications to prevent data from being transferred to Facebook.

13. Privacy policy regarding the use of Google Analytics (with anonymisation feature)

The data controller has integrated the Google Analytics component (with anonymisation function) into this website. Google Analytics is a web analytics service. Web analytics refers to the collection, gathering and analysis of data relating to the behaviour of website visitors. Among other things, a web analytics service records data on which website a data subject came from (known as the referrer), which subpages of the website were accessed, and how often and for how long a subpage was viewed. Web analytics is primarily used to optimise a website and to carry out a cost-benefit analysis of online advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The data controller uses the parameter „_gat._anonymizeIp“ for web analytics via Google Analytics. This parameter ensures that the IP address of the data subject’s internet connection is truncated and anonymised by Google when our website is accessed from a Member State of the European Union or from another State party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse visitor traffic on our website. Google uses the data and information collected, amongst other things, to evaluate the use of our website, to compile online reports for us showing activity on our website, and to provide other services relating to the use of our website.

Google Analytics places a cookie on the data subject’s IT system. What cookies are has already been explained above. Once the cookie has been set, Google is able to analyse the use of our website. Each time a user accesses one of the individual pages of this website – which is operated by the data controller and on which a Google Analytics component has been integrated – the web browser on the data subject’s IT system is automatically prompted by the relevant Google Analytics component to to transmit data to Google for the purposes of online analysis. As part of this technical process, Google obtains personal data, such as the data subject’s IP address, which Google uses, amongst other things, to trace the origin of visitors and clicks and, consequently, to enable commission settlements.

Cookies are used to store personal information, such as the time of access, the location from which access was made and the frequency of visits to our website by the data subject. Each time our website is visited, this personal data – including the IP address of the internet connection used by the data subject – is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may, under certain circumstances, pass on this personal data, collected via the technical process, to third parties.

As explained above, the data subject may at any time prevent our website from setting cookies by adjusting the settings of their web browser accordingly, thereby permanently objecting to the setting of cookies. Adjusting the settings of the web browser in this way would also prevent Google from setting a cookie on the data subject’s IT system. Furthermore, any cookie already set by Google Analytics can be deleted at any time via the web browser or other software programmes.

Furthermore, the data subject has the option to object to the collection of data generated by Google Analytics relating to the use of this website, as well as to the processing of such data by Google, and to prevent such processing. To do so, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on uses JavaScript to inform Google Analytics that no data or information relating to visits to websites may be transmitted to Google Analytics. Google regards the installation of the browser add-on as an objection. If the data subject’s IT system is subsequently deleted, formatted or reinstalled, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or by another person within their control, it is possible to reinstall or reactivate the browser add-on.

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link: https://www.google.com/intl/de_de/analytics/.

14. Privacy Policy on the Use of Google AdWords

The data controller has integrated Google AdWords into this website. Google AdWords is an online advertising service that allows advertisers to place adverts both in Google’s search engine results and on the Google Display Network. Google AdWords enables an advertiser to specify certain keywords in advance, so that an advert is displayed in Google’s search engine results only when a user enters a search query containing those keywords. Within the Google Display Network, adverts are distributed across thematically relevant websites using an automated algorithm and in accordance with the pre-defined keywords.

The operator of the Google AdWords services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to promote our website by displaying adverts relevant to users’ interests on third-party websites and in Google’s search results, and by displaying third-party adverts on our website.

If a data subject accesses our website via a Google advert, Google places a so-called conversion cookie on the data subject’s IT system. What cookies are has already been explained above. A conversion cookie expires after thirty days and is not used to identify the data subject. Provided the cookie has not yet expired, the conversion cookie is used to track whether certain sub-pages – for example, the shopping basket in an online shop system – have been accessed on our website. The conversion cookie enables both us and Google to track whether a data subject who arrived at our website via an AdWords advert generated a sale – that is, whether they completed or abandoned a purchase.

The data and information collected through the use of the conversion cookie are used by Google to compile visitor statistics for our website. We, in turn, use these visitor statistics to determine the total number of users who were referred to us via AdWords adverts, i.e. to assess the success or failure of the respective AdWords advert and to optimise our AdWords adverts for the future. Neither our company nor other Google AdWords advertisers receive any information from Google that could be used to identify the data subject.

The conversion cookie is used to store personal information, such as the web pages visited by the data subject. Consequently, each time our website is visited, personal data – including the IP address of the internet connection used by the data subject – is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may, under certain circumstances, pass on this personal data, which has been collected through technical means, to third parties.

As explained above, the data subject may at any time prevent our website from setting cookies by adjusting the settings of their web browser accordingly, thereby permanently objecting to the setting of cookies. Adjusting the settings of the web browser in this way would also prevent Google from setting a conversion cookie on the data subject’s IT system. Furthermore, any cookie already set by Google AdWords can be deleted at any time via the web browser or other software programmes.

Furthermore, the data subject has the option to opt out of interest-based advertising by Google. To do so, the data subject must access the link www.google.de/settings/ads from each of the web browsers they use and select the desired settings there.

Further information and Google’s current privacy policy can be found at https://www.google.de/intl/de/policies/privacy/.

15. Data Protection Policy on the Use of LinkedIn

The data controller has integrated components from LinkedIn Corporation into this website. LinkedIn is an internet-based social network that enables users to connect with existing business contacts and establish new business contacts. Over 400 million registered users access LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.

LinkedIn is operated by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible for data protection matters outside the USA.

Each time our website, which features a LinkedIn component (LinkedIn plug-in), is accessed, this component causes the browser used by the data subject to download a corresponding representation of the LinkedIn component. Further information on the LinkedIn plug-ins is available at https://developer.linkedin.com/plugins. As part of this technical process, LinkedIn is informed of the specific subpage of our website visited by the data subject.

Provided that the data subject is logged into LinkedIn at the same time, LinkedIn recognises which specific subpage of our website the data subject is visiting each time they access our website and throughout the entire duration of their visit to our website. This information is collected by the LinkedIn component and linked by LinkedIn to the data subject’s respective LinkedIn account. If the data subject clicks on a LinkedIn button integrated into our website, LinkedIn links this information to the data subject’s personal LinkedIn user account and stores this personal data.

LinkedIn receives information via the LinkedIn component to the effect that the data subject has visited our website whenever the data subject is logged into LinkedIn at the same time as accessing our website; this occurs regardless of whether the data subject clicks on the LinkedIn component or not. If the data subject does not wish for this information to be transmitted to LinkedIn, they can prevent this by logging out of their LinkedIn account before visiting our website.

LinkedIn offers the option to opt out of email messages, text messages and targeted adverts, as well as to manage your ad settings, at https://www.linkedin.com/psettings/guest-controls. LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame, which may set cookies. These cookies can be opted out of at https://www.linkedin.com/legal/cookie-policy. LinkedIn’s current privacy policy is available at https://www.linkedin.com/legal/privacy-policy. LinkedIn’s cookie policy is available at https://www.linkedin.com/legal/cookie-policy.

16. Data Protection Policy on the Use and Application of Xing

The data controller has integrated Xing components into this website. Xing is an internet-based social network that enables users to connect with existing business contacts and establish new business contacts. Individual users can create a personal profile on Xing. Companies can, for example, create company profiles or publish job vacancies on Xing.

Xing is operated by XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.

Each time a user accesses one of the individual pages of this website – which is operated by the data controller and on which a Xing component (Xing plug-in) has been integrated, the web browser on the data subject’s IT system is automatically prompted by the respective Xing component to download a display of the corresponding Xing component from Xing. Further information on the Xing plug-ins can be found at https://dev.xing.com/plugins. As part of this technical process, Xing becomes aware of which specific subpage of our website is being visited by the data subject.

Provided that the data subject is logged in to Xing at the same time, Xing recognises which specific subpage of our website the data subject is visiting each time they access our website and throughout the entire duration of their visit to our website. This information is collected by the Xing component and assigned by Xing to the data subject’s respective Xing account. If the data subject clicks one of the Xing buttons integrated into our website, such as the „Share“ button, Xing associates this information with the data subject’s personal Xing user account and stores this personal data.

Xing receives information via the Xing component whenever the data subject visits our website, provided that the data subject is logged into Xing at the time of accessing our website; this occurs regardless of whether the data subject clicks on the Xing component or not. If the data subject does not wish this information to be transmitted to Xing, they can prevent such transmission by logging out of their Xing account before visiting our website.

The privacy policy published by Xing, which is available at https://www.xing.com/privacy, provides information on the collection, processing and use of personal data by Xing. Furthermore, Xing has published a privacy notice for the XING Share button at https://www.xing.com/app/share?op=data_protection.

17. Data Protection Policy on the Use of YouTube

The data controller has integrated YouTube components into this website. YouTube is an online video portal that enables video publishers to upload video clips free of charge and allows other users to view, rate and comment on them, also free of charge. YouTube permits the publication of all types of videos, which is why not only full-length films and television programmes, but also music videos, trailers and user-generated videos are available via the website.

YouTube is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which a YouTube component (YouTube video) has been integrated, the web browser on the data subject’s IT system is automatically prompted by the respective YouTube component to download a display of the relevant YouTube component from YouTube. Further information on YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google are informed of which specific subpage of our website is being visited by the data subject.

Provided that the data subject is logged in to YouTube at the same time, when a subpage containing a YouTube video is accessed, YouTube recognises which specific subpage of our website the data subject is visiting. This information is collected by YouTube and Google and associated with the data subject’s respective YouTube account.

YouTube and Google receive information via the YouTube component to the effect that the data subject has visited our website whenever the data subject is logged into YouTube at the same time as accessing our website; this occurs regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not wish for this information to be transmitted to YouTube and Google, they can prevent such transmission by logging out of their YouTube account before visiting our website.

The privacy policy published by YouTube, which is available at https://www.google.de/intl/de/policies/privacy/, provides information on the collection, processing and use of personal data by YouTube and Google.

Addendum (not included in the privacy policy generator’s template under point 22): We use YouTube to ensure our online services are presented in an engaging manner and to provide information to interested parties. This constitutes a legitimate interest within the meaning of Article 6(1)(f) of the GDPR.

18. Legal basis for processing

Article 6(1)(a) of the GDPR 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 other services or consideration – the processing is based on Article 6(1)(b) of the GDPR. 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 GDPR. 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 GDPR.
Ultimately, processing operations may be based on Article 6(1)(f) of the GDPR. 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 fundamental 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, of the GDPR).

19. 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) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and shareholders.

20. 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.

21. 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 such 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 Data Protection Officer. Our Data Protection Officer will advise the data subject, on a case-by-case basis, as to whether the provision of personal data is required by law or under a contract, or is necessary for the conclusion of a contract; whether there is an obligation to provide the personal data; and what the consequences would be if the personal data were not provided.

22. The existence of automated decision-making

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

This privacy policy was generated using the privacy policy generator provided by Data protection from 2018 onwards in cooperation with RC GmbH, which second-hand laptops recycled and the Lawyers specialising in file-sharing Prepared by WBS-LAW.

Privacy Policy

We are delighted that you have shown an interest in our company. Data protection is a top priority for the management of Insight Instruments. It is possible to use the Insight Instruments website without providing any personal data; however, if a data subject wishes to use specific company services via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as a data subject’s name, address, email address or telephone number, shall always comply with the General Data Protection Regulation (GDPR) and with the country-specific data protection regulations applicable to Insight Instruments. Through this privacy policy, our company wishes to inform the general public of the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects of the rights to which they are entitled.

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

1. Definitions

Insight Instruments’ privacy policy is based on the terminology used by the European legislator in adopting the General Data Protection Regulation (GDPR). Our privacy policy should be clear and easy to understand for the general public, as well as for our customers and business partners. To ensure this, we would first like to explain the terminology used.

In this data protection statement, we use, amongst other things, the following terms:

  • (a) Personal data

    Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to 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 controller responsible for the processing.

  • c) Processing

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

  • (d) Restriction of processing

    Restriction of processing is the marking of stored personal data with the aim of limiting its processing in the future.

  • (e) Profiling

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

  • (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 to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • (g) Data controller or controller responsible for the processing

    The controller or the controller responsible for the processing 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 determined by Union or Member State law, the controller or the specific criteria for its designation may be laid down by Union or Member State law.

  • (h) Processor

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

  • (i) Recipient

    A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not they are a third party. However, public authorities which may receive personal data in the course of a specific enquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of such data by those public authorities shall comply with the applicable data protection rules in accordance with the purposes of the processing.

  • (j) Third party

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

  • (k) Consent

    Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the data controller

The controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member States of the European Union and other provisions relating to data protection is:

Insight Instruments

Steglandweg, 5

5400 Hallein

Austria

Telephone: 0043 6245 71149

Email: office@insight.co.at

Website: www.biofeedback.co.at

3. Cookies

The Insight Instruments website uses cookies. Cookies are text files that are stored on a computer via a web browser.

Many websites and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that enables websites and servers to associate the cookie with the specific web browser in which it was stored. This enables websites and servers visited to distinguish the data subject’s individual browser from other web browsers that contain different cookies. A specific web browser can be recognised and identified using the unique cookie ID.

By using cookies, Insight Instruments is able to provide users of this website with more user-friendly services that would not be possible without cookies being set.

Cookies enable us to optimise the information and services on our website to suit the user. As mentioned earlier, cookies allow us to recognise users of our website. The purpose of this recognition is to make it easier for users to use our website. A website user who uses cookies, for example, does not have to enter their login details every time they visit the website, as this is handled by the website, and the cookie is therefore stored on the user’s computer system. Another example is the shopping basket cookie in an online shop. The online shop uses a cookie to remember the items a customer has placed in their virtual shopping basket.

The data subject may, at any time, prevent cookies from being set via our website by adjusting the settings of the web browser they are using, and may thus permanently block the setting of cookies. Furthermore, cookies that have already been set may be deleted at any time via a web browser or other software programmes. This is possible in all popular web browsers. If the data subject disables the setting of cookies in their web browser, not all functions of our website may be fully accessible.

4. Collection of general data and information

The Insight Instruments website collects a range of general data and information when a data subject or an automated system accesses the website. This general data and information are stored in the server log files. The data collected may include (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 (so-called referrers), (4) the sub-websites, (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) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using this general data and information, Insight Instruments does not draw any conclusions about the data subject. Rather, this information is required to (1) display the content of our website correctly, (2) optimise the content of our website and its advertising, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. Insight Instruments therefore analyses anonymously collected data and information statistically, with the aim of enhancing data protection and data security within our organisation, and 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. Registration on our website

The data subject may register on the controller’s website by providing personal data. The personal data transmitted to the controller is determined by the relevant registration form used. The personal data entered by the data subject is collected and stored exclusively for the controller’s internal use and for its own purposes. The controller may request that personal data be transferred to one or more processors (e.g. a parcel service) which also use personal data for an internal purpose attributable to the controller.

When registering on the data controller’s website, the IP address—assigned by the internet service provider (ISP) and used by the data subject—as well as the date and time of registration are also stored. This data is stored on the grounds that this is the only way to prevent the misuse of our services and, if necessary, to enable the investigation of offences committed. To this extent, the storage of this data is necessary to safeguard the data controller. This data is not disclosed to third parties unless there is a statutory obligation to do so, or if the disclosure serves the purpose of criminal prosecution.

The registration of the data subject, involving the voluntary provision of personal data, is intended to enable the data controller to offer the data subject content or services which, by their very nature, may only be made available to registered users. Registered users are free to amend the personal data provided during registration at any time, or to have it completely deleted from the controller’s database.

The data controller shall, at any time, provide information upon request to each data subject regarding what personal data are held about them. In addition, the data controller shall rectify or erase personal data at the request or instruction of the data subject, provided there are no statutory retention obligations. All of the controller’s employees are available to the data subject as contact persons in this regard.

6. Subscription to our newsletters

On the Insight Instruments website, users are given the opportunity to subscribe to our company’s newsletter. The form used for this purpose determines what personal data is transmitted, as well as when the newsletter is subscribed to via the data controller.

Insight Instruments keeps its customers and business partners regularly informed about the company’s offers via a newsletter. The data subject may only receive the company’s newsletter if (1) the data subject has a valid email address and (2) the data subject has registered to receive the newsletter. For legal reasons, a confirmation email will be sent to the email address registered by a data subject for the first time for the purpose of receiving the newsletter, as part of the double opt-in procedure. This confirmation email is used to verify whether the owner of the email address, as the data subject, is authorised to receive the newsletter.

When a user subscribes to the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to identify any (potential) misuse of a data subject’s email address at a later date, and it therefore serves the purpose of the data controller’s legal protection.

The personal data collected as part of a newsletter subscription will only be used to send our newsletter. In addition, subscribers to the newsletter may be contacted by email, provided this is necessary for the operation of the newsletter service or in connection with a specific registration, as might be the case in the event of changes to the newsletter content or in the event of changes to technical circumstances. No personal data collected by the newsletter service will be transferred to third parties. The data subject may cancel their subscription to our newsletter at any time. Consent to the storage of personal data, which the data subject has given for the purpose of sending the newsletter, may be withdrawn at any time. A link for revoking consent is provided in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the data controller’s website, or to notify the data controller of this in another way.

7. Newsletter tracking

The Insight Instruments newsletter contains so-called tracking pixels. A tracking pixel is a tiny graphic embedded in such emails, which are sent in HTML format to enable log file recording and analysis. This allows for a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Insight Instruments may be able to determine whether and when an email was opened by a data subject, and which links in the email were clicked on by data subjects.

Such personal data collected via the tracking pixels contained in the newsletters are stored and analysed by the data controller in order to optimise the distribution of the newsletter, as well as to tailor the content of future newsletters even more closely to the data subject’s interests. This personal data will not be passed on to third parties. Data subjects are entitled at any time to withdraw the separate declaration of consent given via the double opt-in procedure. Following such withdrawal, this personal data will be deleted by the data controller. Insight Instruments automatically treats an unsubscription from the newsletter as a withdrawal of consent.

8. How to get in touch via the website

The Insight Instruments website contains information that enables you to contact our company quickly by electronic means, as well as to communicate directly with us; this includes a general electronic mail (e-mail) address. If a data subject contacts the data controller by email or via a contact form, the personal data provided by the data subject are automatically stored. Such personal data, provided voluntarily by a data subject to the data controller, are stored for the purpose of processing the enquiry or contacting the data subject. These personal data are not transferred to third parties.

9. Routine erasure and blocking 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 to the extent permitted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies, or if a retention period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

10. Rights of the data subject

  • (a) Right of confirmation

    Every data subject shall have the right, as granted by the European legislator, to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right to confirmation, he or she may, at any time, contact any member of staff at the controller’s organisation.

  • (b) Right of access

    Every data subject shall have the right, as granted by the European legislator, to obtain from the data controller, free of charge, information about their personal data held at any time, and a copy of that information. Furthermore, the European directives and regulations grant the data subject access to the following information:

    • the purposes of the processing;
    • the categories of personal data concerned;
    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or 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 the right to request from the controller the rectification or erasure of personal data, or the restriction of the processing of personal data relating to the data subject, or to object to such processing;
    • the existence of the right to lodge a complaint with a supervisory authority;
    • where the personal data are not collected from the data subject, any available information as to their source;
    • the existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

    Furthermore, the data subject shall have the right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

    If a data subject wishes to exercise this right of access, he or she may, at any time, contact any member of staff at the data controller’s organisation.

  • (c) Right to rectification

    Every data subject shall have the right, as granted by the European legislator, to obtain from the controller, without undue delay, the rectification of inaccurate personal data relating to him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

    If a data subject wishes to exercise this right to rectification, he or she may contact any member of staff at the data controller’s organisation at any time.

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

    Every data subject shall have the right, as granted by the European legislator, to obtain from the controller the erasure of personal data relating to him or her without undue delay, and the controller shall be obliged to erase personal data without undue delay where one of the following grounds applies, provided that the processing is not necessary:

    • The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
    • The data subject withdraws the consent on which the processing is based in accordance with point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal basis for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
    • The personal data have been processed unlawfully.
    • The personal data must be erased in order to comply with a legal obligation under Union or Member State law to which the controller is subject.
    • The personal data have been collected in connection with the provision of information society services as referred to in Article 8(1) of the GDPR.

    If any of the above reasons apply, and a data subject wishes to request the erasure of personal data held by Insight Instruments, he or she may, at any time, contact any member of staff at the data controller. A member of staff at Insight Instruments shall ensure that the erasure request is complied with immediately.

    Where the controller has made personal data public and is obliged, pursuant to Article 17(1) to erase the personal data, the controller, taking into account the state of the art and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copies or replicas of, those personal data, insofar as processing is not required. An employee of Insight Instruments will arrange the necessary measures on a case-by-case basis.

  • (e) Right to restrict processing

    Every data subject shall have the right, as granted by the European legislator, to obtain from the controller a restriction on processing where one of the following applies:

    • The accuracy of the personal data is disputed by the data subject, for a period sufficient to enable the controller to verify the accuracy of the personal data.
    • The processing is unlawful and the data subject objects to the erasure of the personal data and requests, instead, that its use be restricted.
    • The controller no longer requires the personal data for the purposes of the processing, but the data subject requires it for the establishment, exercise or defence of legal claims.
    • The data subject has objected to the processing pursuant to Article 21(1) of the GDPR, pending verification as to whether the controller’s legitimate grounds override those of the data subject.

    If one of the aforementioned conditions is met, and a data subject wishes to request that the processing of personal data held by Insight Instruments be restricted, he or she may contact any member of staff at Insight Instruments at any time. The member of staff at Insight Instruments will arrange for the processing to be restricted.

  • (f) Right to data portability

    Every data subject shall have the right, as granted by the European legislator, to receive the personal data concerning him or her, which has been provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, 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 under Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where this is technically feasible and where doing so does not adversely affect the rights and freedoms of others.

    In order to exercise the right to data portability, the data subject may contact any member of staff at Insight Instruments at any time.

  • (g) Right to object

    Every data subject shall have the right, as granted by the European legislator, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

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

    If Insight Instruments processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Insight Instruments processing their personal data for direct marketing purposes, Insight Instruments will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her by Insight Instruments for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

    In order to exercise the right to object, the data subject may contact any member of staff at Insight Instruments. Furthermore, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is free to exercise their right to object by automated means using technical specifications.

  • (h) Automated individual decision-making, including profiling

    Every data subject shall have the right, as granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not 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 a data controller, or (2) is based on the data subject’s explicit consent, Insight Instruments shall implement appropriate measures to safeguard the data subject’s rights, freedoms and legitimate interests, including at least the right to obtain human intervention by the controller, to express their views and to challenge the decision.

    If the data subject wishes to exercise their rights in relation to automated individual decision-making, they may contact any member of staff at Insight Instruments at any time.

  • (i) Right to withdraw consent to data processing

    Every data subject shall have the right, as granted by the European legislator, to withdraw their consent to the processing of their personal data at any time.

    If the data subject wishes to exercise their right to withdraw consent, they may contact any member of staff at Insight Instruments at any time.

11. Data protection provisions relating to the use of Facebook

On this website, the data controller has integrated components from Facebook. Facebook is a social network.

A social network is a place for social interaction on the Internet, an online community which usually allows users to communicate with one another and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the online community to share personal or business-related information. Facebook allows social network users to create private profiles, upload photos and connect with others via friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside the United States or Canada, the data controller is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Each time a user accesses one of the individual pages of this website, which is operated by the data controller and into which a Facebook component (Facebook plug-ins) has been integrated, the web browser on the data subject’s IT system is automatically prompted to download and display the corresponding Facebook component from Facebook via the Facebook component. An overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/. During this technical process, Facebook is informed of which specific sub-page of our website the data subject has visited.

If the data subject is logged in to Facebook at the same time, Facebook detects, each time the data subject visits our website—and for the entire duration of their visit to our website—which specific sub-page of our website the data subject has visited. This information is collected via the Facebook component and linked to the data subject’s respective Facebook account. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the „Like“ button, or if the data subject submits a comment, Facebook then links this information to the data subject’s personal Facebook user account and stores the personal data.

Facebook always receives, via the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged into Facebook at the same time as accessing our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not wish such information to be transmitted to Facebook, they may prevent this by logging out of their Facebook account before visiting our website.

The data protection policy published by Facebook, which is available at https://facebook.com/about/privacy/, provides information on the collection, processing and use of personal data by Facebook. It also explains the settings options Facebook offers to protect the data subject’s privacy. Furthermore, various configuration options are provided to prevent data being transmitted to Facebook. Data subjects may use these options to prevent data from being transmitted to Facebook.

12. Data protection provisions relating to the implementation and use of Google Analytics (with anonymisation function)

On this website, the data controller has integrated the Google Analytics component (with the anonymisation function). Google Analytics is a web analytics service. Web analytics refers to the collection, gathering and analysis of data relating to the behaviour of website visitors. A web analytics service collects, amongst other things, data on the website from which a user has arrived (the so-called referrer), which sub-pages were visited, and how often and for how long a sub-page was viewed. Web analytics is mainly used to optimise a website and to carry out a cost-benefit analysis of online advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For web analytics via Google Analytics, the data controller uses the application „_gat. _anonymizeIp“. By means of this application, the IP address of the data subject’s internet connection is truncated by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse traffic on our website. Google uses the data and information collected, amongst other things, to evaluate the use of our website, to provide online reports showing activity on our websites, and to provide us with other services relating to the use of our website.

Google Analytics places a cookie on the data subject’s information technology system. The definition of cookies is explained above. The setting of the cookie enables Google to analyse the use of our website. Each time a user accesses one of the individual pages of this website – which is operated by the data controller and into which a Google Analytics component has been integrated – the web browser on the data subject’s IT system will automatically transmit data via the Google Analytics component to Google for the purposes of online advertising and commission settlement. In the course of this technical process, Google obtains personal information, such as the data subject’s IP address, which Google uses, amongst other things, to identify the origin of visitors and clicks, and subsequently to process commission payments.

The cookie is used to store personal information, such as the time of access, the location from which access was made, and the frequency of visits to our website by the data subject. Each time our website is visited, such personal data – including the IP address of the internet connection used by the data subject – will be transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data, collected through the technical process, to third parties.

As stated above, the data subject may prevent cookies from being set via our website at any time by adjusting the settings of the web browser being used, thereby permanently disabling the setting of cookies. Such an adjustment to the web browser would also prevent Google Analytics from setting a cookie on the data subject’s information technology system. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programmes.

In addition, the data subject has the option to object to the collection of data generated by Google Analytics in connection with the use of this website, as well as to the processing of such data by Google, and to prevent such processing. To do this, the data subject must download a browser add-on from the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on uses JavaScript to inform Google Analytics that no data or information regarding visits to web pages may be transmitted to Google Analytics. Google regards the installation of the browser add-on as an objection. If the data subject’s IT system is subsequently deleted, formatted or reinstalled, the data subject must reinstall the browser add-on to disable Google Analytics. If the browser add-on has been uninstalled by the data subject or any other person within their sphere of control, or if it has been disabled, it is possible to reinstall or reactivate the browser add-ons.

Further information and Google’s applicable data protection provisions can be found at https://www.google.com/intl/en/policies/privacy/ and at http://www.google.com/analytics/terms/us.html. Google Analytics is explained in more detail at the following link: https://www.google.com/analytics/.

13. Data protection provisions relating to the application and use of Google AdWords

The data controller has integrated Google AdWords into this website. Google AdWords is an online advertising service that enables advertisers to place adverts in Google’s search results and on the Google advertising network. Google AdWords enables an advertiser to pre-define specific keywords, so that an advert in Google’s search results is only displayed when a user uses the search engine to retrieve a search result relevant to those keywords. Within the Google Advertising Network, the adverts are displayed on relevant web pages using an automated algorithm, taking into account the previously defined keywords.

The company that operates Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

The purpose of Google AdWords is to promote our website by displaying relevant adverts on third-party websites and in the search results of the Google search engine, and by displaying third-party adverts on our website.

If a data subject accesses our website via a Google advert, a conversion cookie is stored on the data subject’s IT system by Google. The definition of cookies is explained above. A conversion cookie expires after 30 days and is not used to identify the data subject. If the cookie has not expired, it is used to check whether certain sub-pages, such as the shopping basket in an online shop system, were accessed on our website. Through the conversion cookie, both Google and the data controller can determine whether a person who clicked on an AdWords advert on our website generated sales, that is, completed or cancelled a purchase of goods.

The data and information collected through the use of the conversion cookie is used by Google to compile visitor statistics for our website. These visitor statistics are used to determine the total number of users who have been reached via AdWords adverts, to assess the success or failure of each AdWords advert, and to optimise our AdWords adverts in future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.

The conversion cookie stores personal information, such as the web pages visited by the data subject. Each time we visit our web pages, personal data – including the IP address of the internet connection used by the data subject – is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data, collected through the technical process, to third parties.

The data subject may, at any time, prevent our website from setting cookies, as stated above, by adjusting the settings of the internet browser being used, and thus permanently block the setting of cookies. Such a setting in the internet browser would also prevent Google from placing a conversion cookie on the data subject’s information technology system. In addition, a cookie set by Google AdWords may be deleted at any time via the web browser or other software programmes.

The data subject has the option to object to Google’s interest-based advertising. To do so, the data subject must access the link www.google.de/settings/ads from each of the browsers they use and select the desired settings.

Further information and Google’s applicable data protection provisions can be found at https://www.google.com/intl/en/policies/privacy/.

14. Data protection provisions relating to the use of YouTube

The data controller has integrated YouTube components into this website. YouTube is an online video portal that enables video publishers to upload video clips for other users to view free of charge, and which also allows users to watch, rate and comment on these videos free of charge. YouTube allows you to publish all kinds of videos, so you can access full-length films and TV programmes, as well as music videos, trailers and user-generated videos via the online portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

Each time a user accesses one of the individual pages of this website – which is operated by the data controller and on which a YouTube component (YouTube video) has been embedded – the web browser on the data subject’s IT system is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube can be found at https://www.youtube.com/yt/about/en/. During this technical process, YouTube and Google become aware of which specific sub-page of our website the data subject has visited.

If the data subject is logged in to YouTube, YouTube recognises, each time a sub-page containing a YouTube video is accessed, which specific sub-page of our website the data subject has visited. This information is collected by YouTube and Google and linked to the data subject’s respective YouTube account.

YouTube and Google will receive information via the YouTube component that the data subject has visited our website, if the data subject is logged into YouTube at the time of accessing our website; this occurs regardless of whether the person clicks on a YouTube video or not. If the data subject does not wish for this information to be transmitted to YouTube and Google, they can prevent this by logging out of their YouTube account before accessing our website.

YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

Addition (not from the Privacy Policy Generator, as seen after section 19): YouTube is used to present our services in an appealing manner and to provide information to interested parties. This constitutes a legitimate interest within the meaning of Article 6(1)(f) of the GDPR (DSGVO).

15. Legal basis for the processing

Article 6(1)(a) of the GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. 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, when processing operations are necessary for the supply of goods or the provision of any other service – the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations that are necessary for taking steps prior to entering into a contract, for example in the case of enquiries regarding our products or services. Where our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Article 6(1)(c) of the GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In such cases, the processing would be based on Article 6(1)(d) of the GDPR.
Finally, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis is used for processing operations not covered by any of the aforementioned legal grounds, provided that processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data. Such processing operations are specifically permitted because they have been explicitly mentioned by the European legislator. The legislator considered that a legitimate interest could be presumed if the data subject is a client of the controller (Recital 47, second sentence, of the GDPR).

16. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is to conduct our business in the interests of the well-being of all our employees and shareholders.

17. Period for which the personal data will be stored

The criteria used to determine the period for which personal data is stored are the relevant statutory retention periods. Once that period has expired, the relevant data is routinely deleted, provided it is no longer required for the performance of the contract or the conclusion of a contract.

18. Provision of personal data as a statutory or contractual requirement; a requirement necessary to enter into a contract; the data subject’s obligation to provide the personal data; possible consequences of failure to provide such data

We would like to clarify 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. information about the contracting party).

In some cases, it may be necessary to enter into a contract under which the data subject provides us with personal data, which we must subsequently process. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.

Before the data subject provides personal data, they must contact a member of staff. The member of staff explains to the data subject whether the provision of the personal data is required by law or under a contract, or is necessary for the conclusion of the contract; whether there is an obligation to provide the personal data; and the consequences of failing to provide the personal data.

19. The existence of automated decision-making

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

This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officers which was developed in collaboration with the Media Law Lawyers from WBS-LAW.

Privacy Policy regarding the use of Facebook plugins (Like button)

Our website incorporates plugins from the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. You can recognise the Facebook plugins by the Facebook logo or the „Like“ button on our website. You can find an overview of the Facebook plugins here: http://developers.facebook.com/docs/plugins/ When you visit our pages, the plugin establishes a direct connection between your browser and the Facebook server. This informs Facebook that you have visited our site using your IP address. If you click the Facebook „Like“ button whilst logged into your Facebook account, you can link the content of our pages to your Facebook profile. This enables Facebook to associate your visit to our pages with your user account. Please note that, as the provider of this website, we have no knowledge of the content of the data transmitted or how it is used by Facebook. Further information on this can be found in Facebook’s privacy policy at https://de-de.facebook.com/policy.php
If you do not want Facebook to be able to link your visit to our pages to your Facebook account, please log out of your Facebook account.
Source: eRecht24.de