Privacy Policy

§ 1 Information on the Collection of Personal Data

(1) In the following, we will inform you on the collection and processing of personal data when using our websites, and the rights granted to you according to the EU General Data Protection Regulation, hereinafter referred to as GDPR.

(2) The term "personal data" defines all data that may be personally related to/identified with you, e.g. your name, address, e-mail-addresses, user behaviour.

(3) The responsible authority pursuant to EU General Data Protection Regulation, Article 4, Section 7, is esmo AG, Managing Director/CEO Mr. Andreas Rothstein, Brueckenstrasse 1, 83022 Rosenheim, Germany, datenschutz.allgemein(at)esmo-ag.com.

(4) You may contact the data protection officer at datenschutz(at)esmo-ag.com or our postal address – esmo AG, Brueckenstrasse 1, 83022 Rosenheim, Germany – by adding the annotation "Attention of Data Protection Officer".

§ 2 Your Rights

You shall be granted the following statutory rights against us with regards to personal data related to you:

  • right of access (to information on data processed by us) (pursuant to GDPR Article 15)
  • right to rectification (i.e. the correction of incorrect data) (pursuant to GDPR Article 16)
  • right to erasure (demand that in certain cases your data will be deleted immediately) (pursuant to GDPR Article 17)
  • right to restriction of processing (demand that your data will not be processed in the future or only processed to a limited extent) (pursuant to GDPR Article 18)
  • right to withdraw/revoke, with future effect, a consent once given
  • right to lodge a complaint with a supervisory authority – responsible for Bavaria:
    Bayerisches Landesamt für Datenschutzaufsicht
    (= Bavarian State Supervisory Authority for Data Protection)
    Postfach 606
    91511 Ansbach
    Germany
    poststelle(at)lda.bayern.de

§ 3 Collection of Personal Data for Inquiries

In case you contact us by e-mail or via one of our contact forms, data processing will take place on the basis of your consent. You may revoke this consent at any time.

Any data transmitted by you (your e-mail address, your name, if applicable, and your telephone number) will be stored by us in order to answer your questions. We will delete all personal data arising within this framework after data storage is no longer required, or restrict the processing of such data in case of prevalent legal retention policies.

§ 4 Collection of Personal Data when Visiting our Websites

(1) When you visit/use our websites, we will only collect the personal data that your browser transmits to our server. We will process the following data, which is technically required in order to display our websites, and to ensure their stability and security (pursuant to GDPR Article 6(1), Subsection f):

  • IP address
  • date and time of the request
  • time zone difference to Greenwich Mean Time (GMT)
  • contents of the requirement (specific/particular page)
  • access status/HTTP status code
  • respective amounts of transmitted data
  • referrer URL
  • browser
  • operating system and operating system interface
  • browser software language and version

(2) In addition to the aforementioned data, cookies will be stored on your computer when using our websites and are read out again later. Cookies are small text files, which are stored on your hard drive, allocated to the browser you use, providing certain information to the entity setting the cookie (in present case, us). Cookies can neither run programs nor transmit viruses to your computer. They serve the mere purpose of making internet offers more user-friendly and effective in general.

(3) Use of cookies:

a) Our websites use the following types of cookies, the scope and operation of which will be explained in the following:
– transient cookies, please refer to b)
– persistent cookies, please refer to c)

b) Transient cookies are automatically deleted when you close the browser. This, in particular, includes session cookies. Session cookies store a so-called session ID, by means of which various requests from your browser may be assigned to the shared session. This will allow your computer to be recognized once you return to our websites. Session cookies will be deleted as soon as you log out or close the browser.

c) Persistent cookies will be automatically deleted after a specified period of time, which may differ, depending on the particular cookie. However, you may delete the cookies in the security settings of your browser at any time.

d) You may accept/refuse/prevent /change the installation of cookies by clicking the round blue button “CO” in the lower left corner. Please consider though that this measure may prevent you from using all features of our websites.

§ 5 Use of personal data in connection with offers or sales of products or services

If we have received your e-mail address in connection with the sale of a product or service, we may send you further information on similar products or services on the basis of our legitimate interest pursuant to Art. 6 para. 1 lit. f. 

If new information or products are available in connection with an offer you have received from us, or if special promotions are being carried out, we may also inform you of this.

You can object to being sent this information at any time with effect for the future.

§ 6 Use of Google Analytics

(1) Our websites use Google Analytics, a web analysis service provided by Google, Inc. ("Google"). Google Analytics uses so-called "cookies": cookies are text files stored on your computer which allow an analysis of your use of the respective websites. In general, the information generated by the cookie, will be transmitted to a Google server, located in the United States of America, and stored there. In case you opt to activate the IP anonymization in our websites, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, your full IP address will be sent to and shortened by Google servers in the USA. Google will use this information, by order of the website owner, to evaluate your use of the websites, to compile reports about website activities for website operators, and to render other services associated with website activities and internet usage to website providers.

(2) The IP address provided by your browser as part of Google Analytics shall not be merged with other Google data.

(3) You may accept/refuse/prevent /change the installation of cookies by clicking the round blue button “CO” in the lower left corner. You may also prevent the collection of the data generated by the cookie and related to your use of the websites (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link:https://tools.google.com/dlpage/gaoptout?hl=en

(4) Our websites use Google Analytics with the extension "_anonymizeIp()". As a result, IP addresses will be shortened/truncated prior to further processing.

(5) The legal basis for the use of Google Analytics shall be your consent acc. to GDPR Article 6, Section 1, Subsection 1(a). Within this framework we will utilize Google Analytics to analyze and regularly improve the use of our websites. With the statistics generated by Google Analytics, we will be able to improve our internet offer and make it more interesting and appealing for you as a user.

(6) Third-party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, telefax: +353 (1) 436 1001 // terms of use: https://www.google.com/analytics/terms/us.html // privacy policy overview: https://support.google.com/analytics/answer/6004245?hl=en // privacy policy: https://policies.google.com/privacy?hl=en

(7) Our websites furthermore use Google Analytics for cross-device analyses of visitor traffic conducted via a user ID.

§ 7 Integration of YouTube Videos

(1) We have included YouTube videos in our online offering, which are stored on http://www.YouTube.com, and are directly playable from our website. These are all included in the "extended privacy mode", i.e. no data about you as a user will be transmitted to YouTube if you do not play the videos. Only when you play the videos, the data mentioned in subsequent paragraph 2 will be transmitted. We have no influence on this data transfer whatsoever.

(2) By visiting our websites, YouTube will receive the information that you have accessed a corresponding subpage of our websites. In addition to that, the data mentioned in § 3 of present privacy policy will be transmitted. This will happen regardless of whether YouTube provides a user account that you are logged in to, or there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on YouTube, you will have to log out prior to activating the button. YouTube will store your data as usage profiles, and use them for purposes of advertising, market research and/or custom design of its website. Such evaluation measures are performed in particular (even for users who are not logged in) to provide appropriate advertising, and to inform other social network users about your activities on our websites. You have the right to object to the creation of such user profiles – please refer to YouTube to exercise this right.

(3) For further information on the purpose and extent of the data collection and its processing by YouTube, please refer to the YouTube privacy policy where you will also be able to obtain more detailed information on your rights and privacy setting options: https://www.google.com/intl/en/policies/privacy

(4) The legal basis for the use of YouTube shall be your consent acc. to GDPR Article 6, Section 1, Subsection 1(a). We will utilize YouTube to make our internet offer more informative and appealing for you as a user.

§ 8 Use of Google AdWords Conversion

(1) Your consent acc. to GDPR Article 6, Section 1, Subsection 1(a) shall constitute the legal basis for the processing of your data. Within this framework we will utilize the offer of Google AdWords to draw attention to our attractive offers with the help of advertising media (so-called Google AdWords) on external websites. In relation to the data of the advertising campaigns, we will be able to determine this way how successful individual advertising measures are/have been. We aim at presenting you advertisements that are of interest to you, to make our websites more interesting and appealing for you as a user, and to achieve an adequate and fair calculation of advertising costs.

(2) These advertising media are supplied by Google via so-called "Ad Servers". For this purpose we use ad server cookies, which measure certain performance metrics such as ad pop-ups or user clicks. If you access our websites via a Google ad, Google AdWords will store a cookie on your PC. These cookies usually lose their validity, i.e. expire, after 30 days, and are not intended to identify you personally. As a rule, the unique cookie ID, the number of ad impressions per placement (frequency), the last impression (relevant to post-view conversions), and opt-out information (indicating that the user does not wish to be addressed again) are stored as this particular cookie's analytical values.

(3) These cookies allow Google to recognize your internet browser at a later time. If a user visits certain pages of an AdWords customer's website, and the cookie stored on the user's computer has not expired, Google and the customer will be able to detect that the user clicked on the ad, and was then redirected to that page. Each AdWords customer will be assigned a different cookie. For this reason, cookies cannot be tracked via the websites of AdWords customers. We ourselves do not collect and process any personal data within the framework of the aforementioned advertising measures. We only receive statistical evaluations provided by Google. On the basis of these evaluations, we will be able to identify which of the advertising measures used are particularly effective. We do not receive any further and more extensive data from the use of advertising media – we are not able to identify users on the basis of this information in particular.

(4) Due to the marketing tools used, your browser automatically establishes a direct connection to the Google server. We have no control over the extent and the further use of the data, which are raised by the employment of this tool by Google. For this reason, we provide you with information according to and basing on our state of knowledge: By the incorporation of AdWords Conversion Google will receive the information that you have visited a particular section/site of our internet appearance, or clicked on one of our ads. In case you are registered with a service provided by Google, Google may associate your visit with your account. Even if you are not registered with Google, or have not logged in, there is a possibility that the provider may detect and store your IP address.

(5) You may prevent a participation in this tracking process in several ways:

a) refusing Google AdWords cookies by clicking the round blue button “CO” in the lower left corner;

b) by adjusting your browser software accordingly – in particular, the suppression of third-party cookies will prevent you from receiving any third-party ads;

c) by disabling the cookies for conversion tracking and setting your browser to block cookies from the domain “www.googleadservices.com”, https://www.google.de/ads/preferences/html/blocked-cookies.html – however, this setting be deleted when you delete your cookies;

d) by deactivating interest-based advertisements of the providers which are part of the “About Ads” self-regulation campaign via the link https://optout.aboutads.info/?c=2&lang=EN – however, this setting be deleted when you delete your cookies;

e) by permanent deactivation in your browsers Firefox, Internet Explorer, or Google Chrome via the link https://www.google.de/ads/preferences/html/blocked-cookies.html plugin. We would like to point out to you that in this case you may not be able to use all the features of these internet offers in their entirety though.

(6) For more detailed information on Google data privacy, please refer to https://policies.google.com/privacy?hl=en and https://services.google.com/sitestats/en.html. Alternatively, you may also visit the website of Network Advertising Initiative (NAI) at http://www.networkadvertising.org

§ 9 Newsletter2Go

On present website you may subscribe to our newsletter. For this we require your e-mail address. The personal data collected in connection with your newsletter registration will only be stored for the duration of your newsletter subscription.

The newsletter will be mailed by Newsletter2Go GmbH, Nuernberger Strasse 8, 10787 Berlin, Germany.

Newsletter2Go is a service by means of which, among other things, the dispatch of newsletters can be organized and analyzed. The data entered by you, in order to subscribe to our newsletter, will be stored on the servers of Newsletter2Go in Germany.

Unless you wish Newsletter2Go to analyze your data, please unsubscribe. For this purpose, we provide a corresponding link in all our newsletter messages. Furthermore, you have the possibility to unsubscribe directly on present website.

Data Analysis by Newsletter2Go

With the assistance of Newsletter2Go we are able to analyze our newsletter campaigns. This way, we can see whether a newsletter message has been opened and which links have been clicked. So we can also determine which links in particular were clicked most frequently.

Furthermore, we can see whether certain previously defined actions were carried out after opening/clicking (conversion rate).

Newsletter2Go also allows us to cluster newsletter recipients into different categories: newsletter recipients may be subdivided according to their age, gender, or place of residence, for example, in order to better adapt the contents of our newsletters to the respective target groups.

For detailed information on the functionalities of Newsletter2Go, please refer to the following link: https://www.brevo.com/de/newsletter-software/?rtype=n2go.

§ 10 LinkedIn Insight Tag

We use the conversion tool "LinkedIn Insight Tag" from LinkedIn Ireland Unlimited Company. This tool creates a cookie in your web browser which enables the collection of, among other things, the following data: IP address, device/browser properties and page events (e.g. page views). This data is encrypted, anonymised within seven days and the anonymised data is deleted within 90 days. LinkedIn does not share any personal data with us, but offers anonymised reports on website audience and display performance. In addition, LinkedIn offers the possibility of retargeting via the Insight Tag. With the help of this data, esmo AG can display targeted advertising outside its website without identifying you as a website visitor. For more information on data protection at LinkedIn, please refer to the LinkedIn data protection information.

LinkedIn members can control the use of their personal data for advertising purposes in their account settings.
To deactivate the Insight tag on our website ("opt-out"), please click here.

§ 11 Leadinfo

We use the lead generation service provided by Leadinfo B.V., Rotterdam, The Netherlands, which recognizes visits of companies to our website based on IP-addresses and shows us related publicly available information, such as company names or addresses. In addition, Leadinfo places two first-party cookies for providing transparency on how our visitors use our website and the tool processes domains from provided form inputs (e.g. “leadinfo.com”) to correlate IP addresses with companies and to enhance its services. For additional information, please visit www.leadinfo.com. On this page: www.leadinfo.com/en/opt-out you have an opt-out option. In the event of an opt-out, your data will no longer be used by Leadinfo.

§ 12 Hotjar

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

§ 13 Cookiebot

Our website uses Cookiebot's consent technology to obtain your consent to the storage of certain cookies on your device or to the use of certain technologies and to document them in accordance with data protection regulations. The provider of this technology is Cybot A/S, Havnegade 39, 1058 Copenhagen, Denmark (hereinafter "Cookiebot").

When you enter our website, a connection is established to Cookiebot's servers in order to obtain your consent and other declarations regarding the use of cookies. Cookiebot then stores a cookie in your browser in order to be able to assign the consents given or their revocation to you. The data collected in this way is stored until you ask us to delete it, delete the Cookiebot cookie yourself or the purpose for data storage no longer applies. Mandatory statutory retention obligations remain unaffected.

Cookiebot is used to obtain the legally required consent for the use of cookies. The legal basis for this is Art. 6 para. 1 lit. c GDPR

§ 14 Matomo

We use the open source software Matomo for anonymous website and marketing analysis as well as for personalization of our website.

Therefor the software collects, gathers and evaluates data about the behavior of our visitors and offers us recommendations about what information needs to be added where. Matomo collects, among other things, data about the Internet page from which a data subject came to our website (so-called referrer), which sub-pages were accessed or how often and for how long a sub-page was viewed.

The software is operated via the Matomo Cloud within the EU and is configured with anonymized IP addresses and without cookies.

You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.

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Further information and the applicable privacy policy of Matomo can be found at matomo.org/privacy/ abgerufen werden.