Privacy policy

1. Introduction

With the following information, we would like to give you as a "data subject" an overview of the processing of your personal data by us and your rights under data protection laws. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.

The processing of personal data, such as your name, address or e-mail address, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to "OMS Inventuren GmbH". By means of this privacy policy, we would like to inform you about the scope and purpose of the personal data we collect, use and process.

As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us by alternative means, for example by telephone or post.

You too can take simple and easy-to-implement measures to protect yourself against unauthorized access to your data by third parties. We would therefore like to give you some tips on how to handle your data securely:

Passwords should consist of at least 12 characters and be chosen in such a way that they cannot be easily guessed. Therefore, they should not contain common everyday words, your own name or the names of relatives, but should contain upper and lower case letters, numbers and special characters.

2. Responsible person

The controller within the meaning of the GDPR is the:

OMS Inventuren GmbH
Gutenbergstr. 20, 30823 Garbsen

Phone: +49 (0)511 / 515 283-0

Representative of the responsible person: Achim Höfer

3. Data protection officer

You can reach the data protection officer as follows:

Kai Ochmann

Phone: +49 (0) 7134/90894-0

Fax: +49 (0) 7134/90894-25

E-mail: datenschutz@oms-pruefservice.de

You can contact our Holding Data Protection Officer directly at any time with any questions or suggestions regarding data protection.

4. Definitions

The data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this Privacy Policy:

1. Personal data

Personal data is any information relating to an identified or identifiable natural person. 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.

2. Person concerned

Data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company).

3. Processing

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

4. Restriction of processing

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

5. 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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

6. Pseudonymization

Pseudonymization is the processing of personal data in such a manner 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

7. Processors

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

8. Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

9. Third party

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

10. Consent

Consent is 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.

5. Legal basis of the processing

Art. 6 section 1 lit. a) GDPR (in conjunction with § 25 section 1 TTDSG) serves our company 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 you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 section 1 lit. b) GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services.

If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 section 1 lit. c) GDPR.

In rare cases, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his or her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 section 1 lit. d) GDPR.

Ultimately, processing operations could be based on Art. 6 section 1 lit. f) GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if you are a customer of our company (Recital 47 Sentence 2 GDPR).

Our services are generally aimed at adults. Persons under the age of 16 may not transmit any personal data to us without the consent of their parents or legal guardians. We do not request personal data from children and young people, do not collect it and do not pass it on to third parties.

6. Transmission of data to third parties

Your personal data will not be transferred to third parties for purposes other than those listed below.

We only pass on your personal data to third parties if:

1. you have given us your express consent in accordance with Art. 6 section 1 lit. a) GDPR,

2. the disclosure pursuant to Art. 6 section 1 lit. f) GDPR is permissible to safeguard our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,

3. in the event that there is a legal obligation for disclosure pursuant to Art. 6 section 1 lit. c) GDPR, and

4. this is legally permissible and necessary for the processing of contractual relationships with you in accordance with Art. 6 section 1 lit. b) GDPR.

In order to protect your data and, if necessary, to enable us to transfer data to third countries (outside the EU/EEA), we have concluded data processing agreements based on the European Commission's standard contractual clauses. If the standard contractual clauses are not sufficient to establish an adequate level of security, your consent may serve as the legal basis for the transfer to third countries in accordance with Art. 49 section 1 lit. a) GDPR. This may not apply in the case of data transfer to third countries for which the European Commission has issued an adequacy decision pursuant to Art. 45 GDPR.

Your personal data will not be transferred to third parties for purposes other than those listed below.

We only pass on your personal data to third parties if:

1. you have given us your express consent in accordance with Art. 6 section 1 lit. a) GDPR,

2. the disclosure pursuant to Art. 6 section 1 lit. f) GDPR is permissible to safeguard our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,

3. in the event that there is a legal obligation for disclosure pursuant to Art. 6 section 1 lit. c) GDPR, and

4. this is legally permissible and necessary for the processing of contractual relationships with you in accordance with Art. 6 section 1 lit. b) GDPR.

As part of the processing operations described in this privacy policy, personal data may be transferred to the USA. Companies in the USA only have an adequate level of data protection if they are certified under the EU-US Data Privacy Framework and thus the adequacy decision of the EU Commission pursuant to Art. 45 GDPR applies. We have explicitly stated this for the service providers concerned in the privacy policy. In order to protect your data in all other cases, we have concluded data processing agreements based on the European Commission's standard contractual clauses. If the standard contractual clauses are not sufficient to establish an adequate level of security, your consent may serve as the legal basis for the transfer to third countries in accordance with Art. 49 section 1 lit. a) GDPR. This may not apply in the case of data transfer to third countries for which the European Commission has issued an adequacy decision pursuant to Art. 45 GDPR.

7. Technology

7.1 SSL/TLS encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us as the operator. You can recognize an encrypted connection by the fact that the address line of the browser contains "https://" instead of "http://" and by the lock symbol in your browser line.

We use this technology to protect your transmitted data.

7.2 Data collection when visiting the website

If you only use our website for information purposes, i.e. if you do not register or otherwise transmit information to us, we only collect the data that your browser transmits to our server (in so-called "server log files"). Our website collects a range of general data and information each time you or an automated system accesses a page. This general data and information is stored in the server log files. The following can be recorded

1. browser types and versions used,

2. the operating system used by the accessing system,

3. the website from which an accessing system reaches our website (so-called referrer),

4. the sub-websites which are accessed via an accessing system on our website,

5. the date and time of access to the website,

6. an Internet Protocol address (IP address) and,

7. the Internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is required in order to

1. to deliver the content of our website correctly,

2. to optimize the content of our website and the advertising for it,

3. to ensure the permanent functionality of our IT systems and the technology of our website, and

4. to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber-attack.

This collected data and information is therefore evaluated by us both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The data of the server log files are stored separately from all personal data provided by a data subject.

The legal basis for data processing is Art. 6 section 1 sentence 1 lit. f) GDPR. Our legitimate interest follows from the data collection purposes listed above.

7.3 Azure Web application firewall (AWF)

Our website uses functions of Azure Web application firewall. The provider is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA.

Azure Web Application Firewall is a cloud-native service that protects your web applications from bot attacks and common Internet threats such as SQL command injection and cross-site scripting. Technically, the transfer of information between your browser and our website is routed via the Azure Web application firewall network. Azure Web application firewall is thus able to analyze the data traffic between users and our websites, for example to detect and ward off attacks on our services. In addition, Azure Web application firewall may store cookies on your computer for optimization and analysis purposes.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.

We have concluded a corresponding agreement with Azure Web application firewall on the basis of the GDPR for order processing or in accordance with EU standard contractual clauses. Azure Web application firewall collects statistical data about visits to this website. The access data includes: Name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider. Azure Web application firewall uses the log data for statistical evaluations for the purpose of operation, security and optimization of the offer.

We have a legitimate interest in using Azure Web application firewall to optimize our online offering and make it more secure. The corresponding legal basis for this is Art. 6 section 1 lit. f) GDPR. The personal data is stored for as long as it is required to fulfill the purpose of processing. The data will be deleted as soon as it is no longer required to achieve the purpose.

This US company is certified under the EU-US Data Privacy Framework. This constitutes an adequacy decision pursuant to Art. 45 GDPR, meaning that personal data may be transferred without further guarantees or additional measures.

You can find more information about Azure Web application firewall at:
https://privacy.microsoft.com/de-de/privacystatement

8. Cookies

8.1 General information on cookies

Cookies are small files that your browser automatically creates and that are stored on your IT system (laptop, tablet, smartphone, etc.) when you visit our website.

Information is stored in the cookie that results from the connection with the specific end device used. However, this does not mean that we obtain direct knowledge of your identity.

The use of cookies serves to make the use of our website more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our site.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your end device for a specified period of time. If you visit our site again to use our services, it is automatically recognized that you have already visited us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate our offer for you for the purpose of optimization. These cookies enable us to automatically recognize that you have already visited our website when you visit it again. The cookies set in this way are automatically deleted after a defined period of time. The respective storage duration of the cookies can be found in the settings of the consent tool used.

8.2 Legal basis for the use of cookies

The data processed by the cookies, which are required for the proper functioning of the website, are therefore necessary to safeguard our legitimate interests and those of third parties in accordance with Art. 6 section 1 lit. f) GDPR.

For all other cookies, you have given your consent to this via our opt-in cookie banner within the meaning of Art. 6 section 1 lit. a) GDPR.

8.3 Notes on avoiding cookies in common browsers

You can delete cookies, allow only selected cookies or completely deactivate cookies at any time via the settings of the browser you are using. Further information can be found on the support pages of the respective providers:

8.4 Cookies used

Token (JSON Web Token):
A JWT string that is used to authenticate the user to the server.

INGRESSCOOKIE (in the context of Azure Application Gateway):

Session affinity -> Session affinity ensures that requests from a particular client are consistently routed to the same backend server, which can be important for maintaining session state or for other application-specific reasons. This technical session identifier is required for some website functions.

https://learn.microsoft.com/en-us/azure/application-gateway/features#session-affinity

ApplicationGatewayAffinity (in the context of Azure Application Gateway):

Azure Application Gateway uses gateway-managed cookies to maintain user sessions. When a user sends the first request to Application Gateway, an affinity cookie with a hash value containing the session details is set in the response so that subsequent requests carrying the affinity cookie are forwarded to the same backend server to maintain stickiness.

https://learn.microsoft.com/en-us/azure/application-gateway/configuration-http-settings#cookie-based-affinity

User:

User details such as user name, system role, first and last name for the current session

9. Contents of our website

9.1 Registering as a user

You have the option of registering on our website by providing personal data.

The personal data that is transmitted to us is determined by the respective input mask used for registration. The personal data you enter is collected and stored exclusively for internal use by us and for our own purposes. We may arrange for the data to be passed on to one or more processors, such as a parcel service provider, who will also use the personal data exclusively for internal use attributable to us.

When you register on our website, the IP address assigned by your Internet service provider (ISP), the date and time of registration are also stored. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable criminal offenses to be investigated. In this respect, the storage of this data is necessary for our security. This data is not passed on to third parties. This does not apply if we are legally obliged to pass it on or if it serves the purpose of criminal prosecution.

Your registration, with the voluntary provision of personal data, also enables us to offer you content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from our database.

We will provide you with information about which personal data about you is stored at any time on request. Furthermore, we will correct or delete personal data at your request, provided that this does not conflict with any statutory retention obligations. A data protection officer named in this privacy policy and all other employees are available to the data subject as contact persons in this context.

Your data is processed in the interest of convenient and easy use of our website. This constitutes a legitimate interest within the meaning of Art. 6 section 1 lit. f) GDPR.

9.2 Contact / contact form

Personal data is collected when you contact us (e.g. via contact form or email). Which data is collected when using a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in responding to your request in accordance with Art. 6 section 1 lit. f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 section 1 lit. b) GDPR. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that the matter in question has been finally clarified and the deletion does not conflict with any statutory retention obligations.

9.3 Actions for product improvement (e.g. surveys or calls)

To ensure your satisfaction with the OMS customer portal, we conduct customer surveys (electronically or by phone call) at regular intervals. Personal data is collected in the process. You can find out which personal data is involved in the respective survey, but at least your e-mail address and your telephone number, which we receive from the CRM system. This data is processed by the relevant departments exclusively for the purpose of processing the customer survey. The data will only be passed on within OMS Prüfservice GmbH or the other companies in the group of companies in anonymized and aggregated form. The legal basis for the processing of the data is your consent in accordance with Art. 6 section 1 lit. a) GDPR. After the purpose no longer applies, at the latest after your revocation, we will delete the data.

Surveys are conducted, for example, by telephone or via Microsoft Forms. Further information on Microsoft Forms can be found in this privacy policy under 11.3.

10. Web analysis

10.1 Google Analytics Universal

On our websites we use Google Analytics, a web analytics service provided by Google Ireland Limited (https://www.google.de/intl/de/about/), Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). In this context, pseudonymized user profiles are created and cookies (see "Cookies") are used. The information generated by the cookie about your use of this website such as

1. the browser type/version,

2. the operating system used,

3. the referrer URL (the previously visited page),

4. the host name of the accessing computer (IP address) and

5. time of the server request,

are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage for the purposes of market research and the needs-based design of this website. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that they cannot be assigned (IP masking).

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

These processing operations are only carried out if express consent is given in accordance with Art. 6 (1) (a) GDPR.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).

The parent company Google LLC is certified as a US company under the EU-US Data Privacy Framework. This constitutes an adequacy decision pursuant to Art. 45 GDPR, meaning that personal data may be transferred without further guarantees or additional measures.

You can view the data protection provisions of Google Analytics at: https://support.google.com/analytics/answer/6004245?hl=de.

11. Plugins and other services

11.1 Google WebFonts

We have implemented Google WebFonts locally on our web servers to avoid data transfer.

11.2 Microsoft Forms

We use the "Microsoft Forms" service from Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA, to create surveys, polls and quizzes.

Microsoft Forms is a web-based application for creating surveys, quizzes and polls. The created forms can be shared via links or embeddings on a website to collect feedback from a target group or to conduct polls. The results of the surveys are collected automatically and can be displayed and analyzed in real time.

When using Microsoft Forms, various personal data may be collected, including

The retention period for personal data is based on the respective statutory retention period.

Participation in the surveys, polls or quizzes is voluntary. The legal basis for the processing of personal data is your voluntarily given consent in accordance with Art. 6 section 1 lit. a) GDPR. You can revoke this at any time with effect for the future.

This US company is certified under the EU-US Data Privacy Framework. This constitutes an adequacy decision pursuant to Art. 45 GDPR, meaning that personal data may be transferred without further guarantees or additional measures.

Further information on the Microsoft Forms service and the data protection provisions can be found at: https://privacy.microsoft.com/de-de/.

12. Your rights as a data subject

12.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data concerning you is being processed.

12.2 Right to information Art. 15 GDPR

You have the right to receive free information from us at any time about the personal data stored about you and a copy of this data in accordance with the statutory provisions.

12.3 Right to rectification Art. 16 GDPR

You have the right to request the rectification of inaccurate personal data concerning you. You also have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

12.4 Erasure Art. 17 GDPR

You have the right to demand that we delete the personal data concerning you immediately, provided that one of the reasons provided by law applies and insofar as the processing or storage is not necessary.

12.5 Restriction of processing Art. 18 GDPR

You have the right to demand that we restrict processing if one of the legal requirements is met.

12.6 Data portability Art. 20 GDPR

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from us to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Furthermore, when exercising your right to data portability pursuant to Art. 20 (1) GDPR, you have the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

12.7 Objection Art. 21 GDPR

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(e) (data processing in the public interest) or (f) (data processing on the basis of a balancing of interests) of the GDPR.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing serves the establishment, exercise or defense of legal claims.

In individual cases, we process personal data for the purpose of direct advertising. You can object to the processing of your personal data for the purpose of such advertising at any time. This also applies to profiling insofar as it is associated with such direct advertising. If you object to processing for direct marketing purposes, we will no longer process the personal data for these purposes.

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out by us for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 section 1 GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

You are free to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

12.8 Revocation of consent under data protection law

You have the right to withdraw your consent to the processing of personal data at any time with effect for the future.

12.9 Complaint to a supervisory authority

You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.

13. Routine storage, deletion and blocking of personal data

We process and store your personal data only for the period of time required to achieve the purpose of storage or if this is provided for by the legal regulations to which our company is subject.

If the storage purpose no longer applies or if a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

14. Duration of the storage of personal data

The criterion for the duration of the storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.

15. Updating and amending the privacy policy

This privacy policy is currently valid and has the status: 23.01.2024.

It may become necessary to amend this privacy policy as a result of the further development of our website and services or due to changes in legal or official requirements.