Legal and Data Privacy
by OPTIMAL SYSTEMS
Notices in accordance with Section 5 of the German Telemedia Act (TMG) in the version of the law concerning legal framework conditions for electronic business transactions.
The legal notice also applies to OPTIMAL SYSTEMS social media profiles on Facebook, Twitter, Google+, Xing, YouTube, and LinkedIn, as well as for the Software for Movers and Shakers blog.
Data privacy information can also be found on this page, along with our terms and conditions of ordering, and an invoice template.
This website may include notices to other property rights and copyright information, which must be observed and followed. Please also note that the information on this website may contain typographical errors. We reserve the right to update and/or modify the information on this website at any time and without prior notice. This also applies to improvements and/or modifications to products and applications.
The published solutions of our reference customers are at the early project phase. You can send an e-mail directly to our Sales department (firstname.lastname@example.org) with any questions you may have regarding any implemented and currently deployed software solutions.
Graphics, images, icons
All images and videos on the websites of the OPTIMAL SYSTEMS Group are the property of OPTIMAL SYSTEMS GmbH or the photo and film service providers listed here. The express consent of OPTIMAL SYSTEMS GmbH is required for third-party use of this material. Images and graphics are also sourced from photo agencies such as photos.com, pexels.com, freepik.com, pixabay.com,
unsplash.com, fotolia.de and flaticon.com.
In general, you are not required to provide personal data in order to use our website. However, in order to provide our services, we may need you to provide personal data. This applies both to the sending of information and to the response to individual search requests.
When you commission us with providing a service, we will in principle only collect and store your personal data to the extent required for the provision of the service or the execution of the contract. For this purpose, it may be necessary to transfer your personal information to companies that we use to provide the service or for contract execution.
These are companies of the OPTIMAL SYSTEMS Group (the addresses of all sites of OPTIMAL SYSTEMS GmbH can be found on this website under ‘Company’) or sales partners.
If we take one of the actions described below, perform other actions, or provide services, we will want to collect and track and store your personal data and will ask for your express consent for this at the appropriate place on our website:
If you have signed up to receive our newsletter by entering your e-mail address, in addition to carrying out the contract, we will also use your e-mail address for our own advertising purposes, until such time as you unsubscribe to the newsletter. Your personal data shall not be processed outside the scope of the stated purposes. We store your personal data within the scope of the statutory retention periods. We delete the data once the retention periods expire, if this is no longer required for purposes of the contract.
We would also like to point out that we use various tracking options on our social media channels. These include Facebook (pixel), LinkedIn (lead form and pixel), and XING (lead form).
On request, we shall provide you with information regarding the personal data we have stored about you free of charge at any time. You furthermore have the right to have your personal data stored by us corrected, blocked, or deleted. You additionally have the right to withdraw any consent you may have granted with future effect at any time.
To do so, simply send an e-mail to email@example.com
Information regarding usertracking and the collection of personal data on our website – as well as an option to deactivate both – can be found here.
The OPTIMAL SYSTEMS GmbH website uses the Google+1 button. You can find the button by looking for the ‘+1’ symbol set against a white or colored background. If you open a page on our website which includes such a button, your browser will establish a direct connection with the Google servers. The content of the +1 button is transmitted directly to your browser by Google and integrated into the website by the browser. For that reason, we have no influence on the scope of the data which Google collects through this button. According to Google, no personal data is collected if you do not click the button. Such data, including the IP address, is only collected and processed for logged-in members. You can find information on the scope and purpose of the data collection and the further processing and use of the data by Google, as well as your associated rights and setting options to protect your privacy, from Google’s privacy notices regarding the +1 button, and from the FAQ. If you are a Google+ member and do not want Google to collect data about you through our website and connect it to your member data stored at Google, you must log out of Google+ before visiting our website.
Legal notice for Facebook page and Twitter
Sven Kaiser is responsible for the content of the Facebook company page and the tweets posted on the Twitter accounts in accordance with Section 55 (2) of the German Interstate Treaty on Broadcasting (RStV). The information required in accordance with Section 5 of the German Telemedia Act can be found directly on this page. Our proprietary photographs and graphics are used, for which corresponding rights of use are held.
Our site integrates plug-ins from the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. When you visit our sites, a direct connection between your browser and the Facebook server is made via the plug-in. If you click the Facebook like button while you are logged into your Facebook account, you are able to link the content of our sites to your Facebook profile. As a result, Facebook can assign the visit to our site to your user account.
Features of the Twitter service are integrated into our websites. These features are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the retweet feature, websites which you visit are connected to your Twitter account and disclosed to other users. Data is also transmitted to Twitter.
WiredMinds Web Analysis
Products and services from wiredminds GmbH (www.wiredminds.de) are used on this website for purposes of marketing and optimization. Data is collected, processed, and stored, and used to create pseudonymous usage profiles. These profiles are completely anonymized wherever possible and practical. Cookies may be used for this purpose. Cookies are small text files which are stored in the visitor’s Internet browser and used for purposes of detecting the Internet browser. The data collected, which could also include personal data, is transmitted to wiredminds or collected directly by wiredminds. wiredminds may use information left by visits to the website to create anonymized usage profiles. The data thus obtained will not be used to personally identify the visitors of this website without the express permission of those affected, and will not be merged with personal data regarding the bearer of the pseudonym. To the extent to which IP addresses are collected, they will be immediately anonymized following collection by deletion of the final number block. The data collection, processing, and storage can be objected to at any time with effect in the future. If you do not agree to the above, click the following link to object to the use of your visitor data and fully disable website tracking:
Web-Tracking und re-Targeting (Google Analytics)
This website uses Google Analytics, a Web analytics service of Google LLC (‘Google’). Google Analytics uses so-called ‘cookies,’ which are text files saved on your computer and which enable an analysis of your use of the website. Information generated by the cookie about your use of this website (including your IP address) is transferred to a server operated by Google in the USA, where it is stored. Google will use this information in order to evaluate your use of the website, in order to compile reports about website activities for the website operator, and in order to perform other services associated with website use and Internet use. Google will also transfer this information to third parties if necessary, insofar as this is legally stipulated or insofar as third parties process this data on behalf of Google. Google will never associate your IP address with other data stored by Google.
Google Tag Manager
AdWords Conversion Tracking, AdWords Remarketing
Legal notice regarding the use of Facebook pixels
OPTIMAL SYSTEMS GmbH uses the “Facebook Pixel” as part of conversion tracking for advertising on Facebook. This is an analysis service provided by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland.
Facebook collects the following information via the integration:
The actual tracking is done via a cookie. Facebook will place a cookie on your computer if you click an ad that has been placed on Facebook by OPTIMAL SYSTEMS.
By using conversion cookies, our company and Facebook are able to recognize how many people have been redirected to our website via a Facebook ad and which interactions that we have defined (such as submitting certain contact forms, page views, and downloads) have been implemented on our website.
The information collected using the conversion cookie is used to generate conversion statistics for OPTIMAL SYSTEMS GmbH. At the end of the campaign, Facebook provides OPTIMAL SYSTEMS GmbH with an evaluation that features statistical data from the users who have reached the contact form via the Facebook ad and have filled it out, as well as their interactions.
This functionality only works if the cookies have not expired or been deleted. The cookies each contain an individual cookie ID. However, OPTIMAL SYSTEMS GmbH does not receive any information that can be used to personally identify users. There is no possibility of OPTIMAL SYSTEMS GmbH processing the cookie ID or associating it with your other personal data.
Legal notice regarding the LinkedIn Insight Tag
The LinkedIn Insight Tag allows us to collect data about visits to our website, including the URL, referrer URL, IP address, device and browser properties, timestamp, and page views. This data is encrypted and anonymized within seven days, and the anonymized data is deleted within 90 days. LinkedIn does not share personally identifiable information with us, but only provides summarized reports about the website’s target audience and display performance. LinkedIn also offers website visitor retargeting, so that we can use this data to display targeted ads outside of our website without having to identify the member. LinkedIn members can control the use of their personal information for advertising purposes in their account settings.
a) Purpose of data processing
The LinkedIn Insight Tag is used for the purposes of gaining detailed campaign reports and information about visitors to our website, and thus serves our advertising and marketing interests. As a client of LinkedIn Marketing Solutions, we use the LinkedIn Insight Tag to track conversions, retarget our website visitors, and gather additional information about LinkedIn members who are viewing our ads.
b) Legal basis of data processing
The legal basis for the processing of personal data is Article 6(1)(f) GDPR, which constitutes a legitimate interest on our part. Our legitimate interests thereby lie in the aforementioned purposes.
c) Duration of storage
The data will be encrypted and anonymized within seven days, and the anonymized data will be deleted within 90 days.
d) Objection and removal option/opt-out
If you are a LinkedIn member and do not want LinkedIn to collect data about you through our website and connect it to your member data stored by LinkedIn, you must first log out from LinkedIn before visiting our website.
Legal notice regarding XING ads
We also use (re)marketing services offered by XING AG, Dammtorstrasse 29–32, 20354 Hamburg, Germany, (“Xing”) for the purposes of the needs-oriented design and continuous optimization of our pages, as well as their economic operation. The provider can use this feature to appeal to visitors to the website with targeted advertising by offering personalized, interest-based Xing ads to visitors to the website when they visit the Xing network. The remarketing tag provided by Xing is implemented on the provider’s website to execute this function.
The following information relates to our handling of your personal data, which we shall process for the purposes of contract initiation and contract implementation and/or direct advertising purposes.
It shall not apply if the processing of personal data is the subject of the contract and/or service (i.e., if we perform (remote) maintenance work, hosting, SaaS, or consulting services for you, and have access to your data in doing so and where necessary). In this case, we will conclude an order processing agreement with you.
Data processing within the framework of contractual relationships
The legal basis for the processing of personal data for pre-contractual and contractual purposes is Article 6(1)(b) GDPR. This shall apply in each case to processing that takes place within the framework of a contract between you and our company, or between your employer and our company. In particular, professional contact details, correspondence, contractual, and payment data are processed in this context. Data processing shall include in particular contract initiation, contract processing/implementation, support, billing, and debt collection.
We shall also process your data in order to safeguard our legitimate interests and those of third parties (Article 6(1)(f) GDPR). This may be necessary, in particular, for the purposes of:
Data processing for marketing purposes
We process your contact data (e.g., name, company, professional address, e-mail address, and telephone number, and your position at the company, where applicable) for marketing purposes, as well as your interests and/or requirements for our products and services, where applicable. In general, we shall receive this data directly from you (i.e., as part of a contract, through contacts at trade fairs or events). If we have not received data directly from you, this data will come from publicly available sources (e.g., classified directories, the Internet, etc.)
We process this data for direct advertising purposes on the basis of our legitimate interests pursuant to Article 6(1)(f) GDPR, i.e., to submit current offers by post, e-mail, or telephone, according to your interests and requirements. Provided that we have obtained your consent, the legal basis shall be Article 6(1)(a) GDPR.
You can object to receiving advertising, information, and offers from us at any time for free, and/or revoke your consent. Simply send a message to this effect to firstname.lastname@example.org or click the ‘Unsubscribe’ link in our e-mails.
Categories of recipients
Within our organization, only individuals and entities that need it to perform their duties for the aforementioned purposes receive personal data. We also have to transfer data to external third parties and use external service providers within the context of our work. In particular, we may provide your personal data to the following recipients and categories of recipients:
In doing so, we shall also comply with all data protection regulations and obligate our service providers, if necessary.
If we transfer personal data to service providers outside of the European Economic Area (EEA), this transfer shall only take place if the third country has been verified by the EU Commission as having an adequate level of data protection or other appropriate data protection guarantees, e.g., according to the principles of the “Privacy Shield” (https://www.privacyshield.gov/welcome) or on the basis of standard contractual clauses of the EU Commission (http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm).
Retention period for personal data
We will delete your personal data as soon as it is no longer required for the aforementioned purposes. It may happen that personal data is kept for the time in which claims may be asserted against or by our company (statutory limitation period of three or up to 30 years). In addition, we shall store your personal data if we are legally obligated to do so. Corresponding duties of proof and retention arise from legislation such as the German Commercial Code (Handelsgesetzbuch – HGB) and the Fiscal Code of Germany (Abgabenordnung). The retention periods usually last up to six or ten years thereafter. If necessary, we will gladly provide you with further information on the data retention period in relation to the specific purpose.
We will delete data that we process for advertising purposes if you object to receiving advertising from us, or revoke your consent, or if we did not send you any advertising or have any contact with you for a period of 12 months, provided that we do not lawfully process this data at the same time for other purposes (e.g., contract implementation).
You have the right to information about your personal data, as well as to rectification, erasure, restriction of processing, and data portability. Please contact email@example.com in these cases.
You can revoke your consent at any time. Please contact firstname.lastname@example.org in these cases.
You have the right to object to the processing of your personal data on the basis of Article 6(1)(f) GDPR at any time for reasons arising from your particular situation (Article 21(1) GDPR). Insofar as we process your personal data pursuant to Article 6(1)(f) GDPR for direct advertising purposes, you shall have the right to object at any time without stating reasons (Article 21(2) GDPR).
Your right of appeal
You may submit an appeal to the relevant data protection supervisory authority, the Berliner Beauftragte für Datenschutz und Informationsfreiheit (Berlin Commissioner for Data Protection and Freedom of Information), Friedrichstrasse 219, 10969, Berlin, Germany.
The greatest care was taken in compiling the texts and images. However, it is not possible to completely rule out any errors. The publishers and author cannot be held legally responsible for wrong or incomplete data or any consequences thereof. Individual offers alone are binding. All software products, as well as all add-on programs and features, are registered and/or in-use trademarks of OPTIMAL SYSTEMS GmbH, Berlin, or one of its subsidiaries. They may only be used with a valid license agreement. The software and its associated documentation are protected by German and international copyright law. Illegal copying and sale of software constitute theft of intellectual property and will be subject to criminal prosecution. All rights reserved, including reproduction, transmission, translation, and storage with/on all kinds of media.
For all preconfigured test scenarios or demo presentations: All company names and persons appearing in examples (screenshots) are fictitious. Any resemblance to existing companies or persons is purely coincidental and unintentional. Examples of code contained in documentation are for the purposes of illustrating functionality and cannot be applied without verification and adaptation. For the purposes of clarity, code examples are shown with line breaks, which are not allowed in the relevant programming language. For this reason, OPTIMAL SYSTEMS GmbH cannot accept responsibility for the code examples. We are happy to provide you with further advice regarding the configuration and setup of your system.