Privacy policy

In this privacy policy, we inform you about which personal data we process during your visit to our website and what rights you have. For the terms used, we refer to the definitions in Art. 4 of the General Data Protection Regulation (DS-GVO).

Personal data is any information relating to an identified or identifiable natural person. This includes, for example, your name, address and communication data or your e-mail address.

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

Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

Controller or “controller" means 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.

Name and address of the person responsible Optimus Software GmbH
Tal 44
80331 München
Tel.: 089 24 88 54 54-1
E-Mail: info@optimussoftware.de
Data Protection Officer We are not required by law to appoint a data protection officer pursuant to Art. 37 DS-GVO and § 38 BDSG and have not appointed one voluntarily.
Processing of personal data
1. Visiting our website
  1. Scope of data processing When you visit our website, your browser also transmits certain data to our web server for technical reasons. This involves the following data (so-called server log files):
    - IP address
    - Date and time of the request
    - Content of the request (specific page)
    - Operating system and its access status / HTTP status code
    - Amount of data transferred
    - Website from which the request came (“referrer URL")
    - Browser, language and version of the browser software
    - Abgerufene Dateien
    These data are not stored together with other personal data.
  2. Purpose of data processing
    The temporary storage of your IP address by our web server is technically necessary in order to display the website. For this purpose, your IP address must necessarily remain stored for the duration of the session.
    The storage of the above-mentioned data in the log files is done to ensure the functionality of our website. This data is also used by us to optimize the website and to ensure the security of our information technology systems (e.g. for attack detection). An evaluation of the data for marketing purposes does not take place in this context.
  3. Legal basis for data processing
    The legal basis for the temporary storage of this data and the log files is Art. 6 para. 1 lit. f) DS-GVO. Our legitimate interest is to operate and ensure the security of our website.
  4. Duration of storage
    The above data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
    
    In the case of data stored in the log files, this is the case after a maximum of seven days. Storage beyond this period is possible if this data is required for (e.g. clarification of attacks, abuse or fraud). Data whose further storage is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident.
  5. Possibility of objection and removal
    The collection of data for the provision of the website and its storage in log files is mandatory for the operation of our website for technical reasons. Consequently, you do not have the option to object.
2. E-mail contact and contact form
  1. Scope of data processing
    You can contact us via our contact form and the e-mail address provided. In this case, we store the personal data (name, company, e-mail address and message) that you submit with your inquiry.
  2. Purpose of data processing We use the processing of personal data to handle the contact.
  3. Legal basis for data processing
    The legal basis for the processing of data transmitted in the course of sending a contact request is Art. 6 (1) lit. f) DS-GVO (legitimate interests of us as the responsible party). If the contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) (b) DS-GVO (performance of a contract).
  4. Recipients
    The recipients of your personal data are our internal departments responsible for processing your request. We do not disclose your personal data to third parties unless you have expressly consented to the disclosure of data or we are obliged to disclose data due to statutory provisions and/or official or court orders. Data will not be transferred to a third country or to an international organization.
  5. Duration of storage
    The data transmitted to us will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when the circumstances indicate that the matter in question has been conclusively clarified and there are no legal obligations to retain data.
  6. Possibility of objection and removal
    You have the option to revoke the processing of your personal data at any time. In such a case, the conversation cannot be continued. Please send a revocation to the following e-mail address: info@optimussoftware.de. All personal data stored in the course of contacting you will be deleted in this case.
3. Test version
  1. Scope of data processing
    When you request a trial version, we collect your name, company and e-mail address.
  2. Purpose of data processing
    The purpose of processing your personal data is for us to provide you with a test version.
  3. Legal basis for data processing
    The legal basis is Art. 6 para. 1 lit. b) DS-GVO (implementation of pre-contractual measures).
  4. Recipients of the data
    The recipients of your personal data are our internal departments responsible for providing a test version. We do not pass on your personal data to third parties unless you have expressly consented to the passing on of data or we are obliged to pass on data due to statutory provisions and/or official or court orders. Data will not be transferred to a third country or to an international organization.
  5. Duration of storage
    The data transmitted to us will be deleted as soon as the purpose of the data processing has ceased to exist and there are no legal obligations to retain the data. These result from commercial and tax law requirements for 6 years in accordance with § 257 para. 1 HGB and for 10 years in accordance with § 147 para. 1 AO (e.g. accounting vouchers, commercial and business letters, documents relevant for taxation).
  6. Possibility of objection and removal
    You have the option to revoke the processing of your personal data at any time. Please send your revocation to info@optimussoftware.de. In this case, all personal data stored in the course of requesting a test version will be deleted, unless there is a legal obligation to retain such data.
4. Order
  1. Scope of data processing
    When you purchase a license from us, we process the following data: First name, last name, company, e-mail address, street and house number, zip code, city, country, VAT ID, license type.
  2. Purpose of data processing
    We process your personal data for order processing and execution of a legal contractual obligation.
  3. Legal basis of data processing
    The legal basis is Art. 6 para. 2 lit. b) DS-GVO (fulfillment of a contract).
  4. Recipient
    When you order a license, our responsible internal departments process your personal data for order processing. We do not pass on your personal data to third parties unless you have expressly consented to the passing on of data or we are obliged to pass on data due to statutory provisions and/or official or court orders. Data will not be transferred to a third country or to an international organization.
  5. Duration of storage
    If you order a license from us, we are subject to statutory retention obligations. These result from commercial and tax law requirements for 6 years in accordance with § 257 para. 1 HGB and for 10 years in accordance with § 147 para. 1 AO (e.g. accounting vouchers, commercial and business letters, documents relevant for taxation).
5. Possibility of objection and removal
  If you order a license from us, we are subject to statutory retention obligations. These result from commercial and tax law requirements for 6 years according to § 257 para. 1 HGB and for 10 years according to § 147 para. 1 AO (e.g. accounting vouchers, commercial and business letters, documents relevant for taxation).
Cookies
1. Scope of data processingOur website uses cookies. Cookies are small text files that are stored on your computer (e.g. computer, tablet, smartphone) when you access the website. Cookies do not cause any damage to your computer and do not contain any malware such as viruses or Trojans.
  Personal data, in particular the IP address, can be stored in cookies. However, this does not mean that we thereby gain direct knowledge of your identity.
  We use cookies that are technically necessary for the operation of our website (so-called essential cookies) and cookies that serve us for statistical purposes and with which we determine information about visits to our website.
  When you visit our website, you can decide for yourself whether or not to accept cookies that are not necessary for the technical functions of the website.
  Here you can again access the selection dialog for cookies used on our homepage.
2. Legal basisFor the use of the essential cookies necessary for the operation of the website, the legal basis is Art. 6 para. 1 lit. f) DS-GVO. Our legitimate interest is the operation and functionality of our online offer.
  For the use of statistics cookies, the legal basis is Art. 6 para. 1 lit. a) DS-GVO (consent).
3. Duration of storage
  The essential cookies we use are deleted after 1 year. The expiration date of the statistics cookies is between 30 minutes and 13 months.
4. Possibility of objection and removalAs a user, you have control over the use of cookies. You can delete them at any time. By changing the settings in your Internet browser, you can also set it so that cookies are not stored or are automatically deleted at the end of your Internet session.
  To delete cookies, select “Tools > Internet Options > General > Browsing History > Delete" in Microsoft Internet Explorer. You can specify the general handling of cookies under “Tools > Internet Options > Privacy > Advanced Settings".
  In Firefox, select “Settings > Privacy and security > Cookies and website data".
  In Google Chrome, do this by selecting “Settings > Advanced > Privacy and Security > Website Settings > Cookies and Website Data".
  If you use another Internet browser, please refer to the browser's help function for instructions regarding the prevention as well as deletion of cookies.
  Please note that in the case of disabled cookies, you may not be able to use all the features of our website.
Hubspot
We use Hubspot from the provider HubSpot HubSpot, Inc., 25 First Street, Cambridge, MA 02141, USA, represented in Europe by Ireland Limited, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland.

Hubspot is an integrated software solution that we use to cover various areas of our online marketing. These include, for example, the provision of downloads, contact management, landing pages and contact forms. Cookies are used in this process. We have described what cookies are and how you can delete them in section 4.

Hubspot evaluates the information collected (e.g. IP address, geographic location, browser type, pages of our online offering accessed, date and duration of the visit) on our behalf and provides us with reports on the visit and the pages of our online offering visited. If you register via a web form, your contact information such as name, company and email address will be processed.

We use HubSpot for analysis and marketing purposes, in particular to find out which of our company's products or services are of particular interest to website visitors. This enables us to optimize our marketing measures and our website.

The legal basis is your consent pursuant to Art. 6 (1) a) DSGVO, which you gave us when you called up our website. If you have not consented to processing by Hubspot, HubSpot will not be used.

Information collected by HubSpot is stored on HubSpot servers. Here, a data transfer to a third country (USA) takes place.

To regulate the transfer of data, we have concluded EU standard contractual clauses with Hubspot (Art. 46 para. 2 lit. c) DSGVO). For more information on “HubSpot and data protection", please visit https://www.hubspot.de/data-privacy/privacy-shield and https://legal.hubspot.com/privacy-policy.

If you do not want HubSpot to collect cookies, you can prevent them from being stored at any time. To do this, you can set your browser as described in item 4 or delete cookies.

Here you can again access the selection dialog for cookies used on our homepage.
Data security
We take technical and organizational measures to ensure the security of data processing in accordance with the state of the art. In this way, we ensure that the provisions of data protection laws, in particular the General Data Protection Regulation, are complied with and that the data processed by us is protected against destruction, loss, modification and unauthorized access. These security measures also include the encrypted transmission of data between your browser and our web server. Please note that SSL/TLS encryption is only activated for transmissions carried out over the Internet if the key symbol appears in the bottom menu bar of your browser window and the address begins with https://. SSL/TLS uses encryption technology to protect data transmission from illegal access by third parties. If this option is not available, you can also choose not to send certain data over the Internet. Our web server is located in the Federal Republic of Germany.
Google reCAPTCHA
1. Scope of data processingWe use the reCAPTCHA function of the provider Google, Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, which protects our contact form from SPAM software and abuse by non-human visitors.
  This function includes sending the IP address and possibly other data required by Google for the service to Google.
2. Purpose of data processingWe use this service to ensure sufficient data security during the transmission of entries in the contact form and to be able to distinguish whether an entry is made by a natural person or abusively by machine and automated processing.
3. Legal basis of data processingThe legal basis for the processing of personal data is Art. 6 para. 1 lit. f) DS-GVO. Our legitimate interest is the prevention of abuse and spam.
4. Further information on data processingWith the use of Google reCAPTCHA, personal data may be transmitted to the servers of Google LLC. in the USA. In this case, the deviating data protection provisions of Google apply.
  For more information on how Google handles your data, please visit https://policies.google.com/privacy
Transfer of data to third parties or third-party providers
A transfer of data to third parties takes place only within the framework of legal requirements. We only pass on users' data to third parties if they have consented (Art. 6 para. 1 lit. a DSGVO), the data transfer is necessary for contractual purposes (Art. 6 para. 1 lit. b DSGVO) or we have a legitimate interest in the economic and effective operation of our business (Art. 6 para. 1 lit. f DSGVO).

As part of a data protection-related commissioned processing pursuant to Art. 28 DSGVO, we use service providers for the operation, maintenance and servicing of our website and information technology systems, who may gain knowledge of your personal data in connection with the maintenance and servicing of the IT systems. We have therefore taken appropriate legal, technical and organizational measures with them to ensure the protection of personal data in accordance with the relevant legal requirements.

Your personal data will not be transferred to a third country or to an international organization
Your Rights
If we process personal data about you, you are a data subject within the meaning of the Data Protection Regulation (D-SGVO) and you have the following rights against us of the personal data concerning you:
- Right to information (Art. 15 DS-GVO)
- Right to rectification (Art. 16 DS-GVO)
- Right to erasure (Art. 17 DS-GVO)
- Right to restriction of processing (Art. 18 DS-GVO),
- Right to data portability (Art. 20 DS-GVO)
- Right to object to processing (Art. 21 DS-GVO)
In addition, you have the right to complain to a data protection supervisory authority (Art. 77 DS-GVO). An overview of the German supervisory authorities can be found at https://www.datenschutzkonferenz-online.de/datenschutzaufsichtsbehoerden.html.
The supervisory authority responsible for us is:
The State Commissioner for Data Protection and Freedom of Information.
Königstrasse 10 a
D-70173 Stuttgart
Website with further contact details: https://www.baden-wuerttemberg.datenschutz.de
Changes to the data protection statement
We reserve the right to change the data protection statement in order to adapt it to changed legal situations, or in the event of changes to the service as well as data processing. However, this only applies with regard to declarations on data processing. Insofar as user consents are required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users.
Please inform yourself regularly about the content of the data protection declaration.
Status of the data protection declaration: 13.07.2020