DATA PRIVACY POLICY FOR THE FACEBOOK PAGE OF OERTLI INSTRUMENTE AG

(hereinafter referred as the „Data Privacy Policy“)

Table of Contents

We,

Oertli Instrumente AG
Hafnerwisenstrasse 4
9442 Berneck
Switzerland
(Imprint)

(hereinafter also referred to as „We“ or „Oertli“)

as the Controller and service provider, would like to inform you below about the processing of your personal data and your rights as a data subject within the context of use of our page on the social media platform Facebook (hereinafter referred to as the “Facebook Platform”) available at

https://www.facebook.com/oertliinstrumenteag/ („Oertli“)
(hereinafter referred to as the „Facebook-Page“)

For better readability, the generic masculine form is used in the following text. Female and other gender identities are also meant at the same time insofar as is necessary for the statement made.

Apart from us, the operator of the Facebook Platform, Meta Platforms Ireland Limited, Block J, Serpentine Avenue, Dublin 4, Ireland, (hereinafter also referred to as “Meta” or “Meta Ireland”) is the Controller of the data-processing on our Facebook Page. With regard to so-called Page Insights Data, together with Meta, We are jointly responsible for the data-processing and have concluded a corresponding agreement between joint Controllers regulating our respective obligations regarding data privacy protection. Further information on the “Page Insights” function and on the essence of our agreement with Meta can be found in No. 6.

Processing of your personal data within the meaning of the DSG and the EU GDPR takes place exclusively within the framework of the applicable statutory provisions of data privacy law, in particular the Federal Act on Data Protection (“FADP“), the General Data Protection Regulation (“GDPR“) and other statutory provisions on data privacy (hereinafter referred to collectively as “Data Privacy Laws”).

This Data Privacy Policy applies solely to our above-mentioned Facebook Page. Other (internet and social media) presences of Oertli are governed solely by the individual data privacy policies retrievable at those sites. The following information does not relate to the Facebook pages or internet sites of other, external providers where, for example, links to such sites are provided on our Facebook Page.

Insofar as the data-processing is performed by us in Switzerland, as regards users from the European Union (EU) or the European Economic Area (EEA), an adequate level of data protection is ensured in accordance with the adequacy decision of the EU for Switzerland.

1. Subject Matter of Data Privacy and Legal Basis

The subject-matter of data privacy is the protection of personal data in the sense of the Swiss Data Protection Act and the EU General Data Protection Regulation. Personal data means any information relating to an identified or identifiable natural person (the so-called data subject). Your personal data therefore includes any data enabling you to be identified, such as: your name, your address, your telephone number and your e-mail address. Personal data also includes information arising from the use of our Facebook Page.

We only process your data where permitted by an applicable legal provision. Unless otherwise described in the following sections of this Data Privacy Policy, the processing of your data takes place on the basis of our legitimate interest in the commercial operation, optimization and analysis of use of our Facebook Page, and in order to communicate with you as a user/visitor on such issues and to conduct marketing activities on the Facebook Platform.

2. General Information about the Facebook Platform

We would like to point out that you are using our Facebook Page and its functions as well as the social media platform Facebook at your own responsibility. This applies especially to the use of interactive functions (e.g., likes, following, comments, sharing, critique).

Your use of the Facebook Platform and the data-processing by Meta are primarily governed by the Terms of Use (https://de-de.facebook.com/legal/terms/) and the Data Privacy Policy (https://de-de.facebook.com/about/privacy) of Meta.

In some cases, our Facebook Page can be used without registration on the Facebook Platform. Even where you use the Facebook Platform without registering, personal data might be processed.

We would like to point out explicitly that Meta stores and uses the data of registered users of the Facebook Platform (hereinafter referred to as “Users”) and of other interested visitors to the Facebook Platform (hereinafter referred to as “Visitors”), e.g. personal information, IP address, cookies etc., for their own commercial purposes, also outside Switzerland and the European Union and/or the EEA.

We generally have no influence on the collection and further use of data by Meta. We are unable to detect or influence the extent to which, the location at which and the duration for which the data is stored, the extent to which Meta complies with existing obligations to erase, the analyses and links made using the data, and to whom the data is transferred. We therefore ask you to check exactly which personal data you disclose as a User of the Facebook Platform.

Our Facebook Page is operated in order to inform Users and Visitors about our enterprise and our activities, and in order to exchange views with them. If you want to obtain information about us without using the Facebook Platform, you may alternatively obtain much of the information offered on our Facebook Page on our website (https://www.oertli-instruments.com/de).

3. Establishing Direct Contact

If you contact us directly via our Facebook Page (e.g., via a personal message/Facebook Messenger), the personal data you provide in such a message (e.g., name, e-mail address) will be processed solely for the specific purpose of registering and where appropriate responding to your query. For this purpose, your data can also be transferred into our system.

Insofar as pre-contractual negotiations are concerned, data provided within the context of direct contact established via the Facebook Platform will be processed in order to perform an agreement or for pre-contractual measures. Insofar as you are asked by us to consent to the data-processing, e.g. in connection with forms we make available, the legal basis for such data-processing is the consent you might grant. The legal basis is also our legitimate interest in processing contact requests addressed voluntarily to us.

Especially since We are not aware of the confidential nature of the information you provide when establishing direct contact or of the use made of such information by Meta, please refrain from providing sensitive data or other confidential information such as, for example, job application documents, bank or credit card data via such platforms. We recommend that you resort to secure transfer channels such as ordinary postal services for such purposes.

4. User Interactions

In accordance with the way in which a social media platform works, Oertli may become aware of the Users who like our Facebook Page and our posts, who criticize, comment or share them, insofar as such interaction is made public on the Facebook Platform by Users and not expressly marked as “private.” We analyze such information in aggregated form using the Page Insights function (see No. 6), in order to provide more relevant content which could be of more interest to the Users of and Visitors. The information thus obtained does not allow us to draw conclusions as to a natural person.

Within your Facebook profile you as a User are able to actively hide your “Likes” and “Subscriptions,” and to stop following our Facebook Page. In that case you will no longer appear in the list of fans of our Facebook Page.

5. Cookies

Meta uses cookies and cookie-like technology, as a rule tiny data files stored on your end device (hereinafter all referred to as “Cookies”), among other things to offer you a broad range of functions, to make use more comfortable and in order to optimize their product. In this respect, Cookies can be stored on your end device and/or access can be obtained to Cookies already stored on your end device. The data obtained by using Cookies is directly stored and processed by Meta. Oertli has no access to or influence on how Meta uses such data.

The information obtained using Cookies can be used by Meta on the Facebook Platform and within other Meta services and third-party services using Meta services in order to compile user profiles for market research and advertising purposes. In this respect, your use behaviour in particular and your resulting interests are taken into account. In this connection, for example, Meta can enable Meta partners or even third parties to use such data in order to display adverts within and outside the Facebook Platform. Insofar as you use Meta services on several end devices, the collection and analysis can also be conducted across multiple devices, especially if you are logged-in as a User.

In this respect Meta uses both session Cookies stored temporarily during your visit to the Facebook Page and permanent Cookies, which, for example, are stored for several weeks or months on your end device. These Cookies are placed irrespective of whether or not you have an account with Facebook as a User or are logged-in to your existing account, if you have one, at the time of your visit.

Detailed information on the nature, scope, purposes, legal basis and options for objecting (opt-out) to the use of Cookies by Meta can be found in the Meta Cookies Policy (https://de-de.facebook.com/policies/cookies/).

According to Meta, the storage and use of Cookies placed by Meta in connection with personalized advertising takes place only if you have granted your consent accordingly. The same applies to the storage and use of Cookies placed by third parties in connection with personalized advertising, analysis and research as well as functional Cookies. According to Meta, Cookies placed by Meta for analysis and research purposes, functional Cookies and other Cookies serving to ensure the security of Visitors, Users and the Facebook Platform, to identify Users during use of the Facebook Platform, to retrieve settings and to ensure the functionality of the Facebook Platform, cannot be deactivated.

You can also acquire advert-free use of Facebook by purchasing a subscription from Meta. If you purchase such a subscription from Meta, according to Meta, no advertising will be displayed to you by Meta when you use Facebook during the term of the subscription. In addition, according to Meta, during the term of the subscription your information (including corresponding Cookies for advertising purposes) will not be used for advertising purposes. Further information on the conclusion of a corresponding subscription is available at: https://www.facebook.com/help/1241090626576242?helpref=faq_content.

You can also prevent the storage of Cookies by selecting “do not allow any cookies” in your device or browser settings. The procedure for the technical management and deletion of Cookies in the settings of your device or browser can be found in the relevant help function.

You can also prevent the storage of Cookies by using technical browser add-ons that are free of charge, such as „AdBlock Plus“ (https://adblockplus.org/en) in combination with the „EasyPrivacy“ list (easylist.to).

However, if you prevent the storage of Cookies, this can lead to restrictions in the functions of the Facebook Page.

6. Analysis of Use (“Page Insights”)

In connection with the operation of our Facebook Page we use the “Page Insights” function of Meta, by means of which Meta makes statistical data on use of our Facebook Page available to us, data that is anonymous for us, i.e., the personal data of individual Users is not visible to us. Detailed information on the data employed by Meta for use analysis in connection with our Facebook Page (“Page Insights Data”) and the information provided by Meta on data-processing in connection with the Page Insights function can be found here:

https://de-de.facebook.com/legal/terms/information_about_page_insights_data and https://www.facebook.com/legal/terms/page_controller_addendum.

With regard to Page Insights Data, together with Meta, We are jointly responsible for the data-processing and have concluded a corresponding agreement between joint Controllers regulating our respective obligations under the EU GDPR (https://www.facebook.com/legal/controller_addendum and https://www.facebook.com/legal/terms/page_controller_addendum). In that agreement we have, for example, agreed that

  • We and Meta Ireland are joint Controllers for the processing of Page Insights Data;
  • Meta Ireland assumes primary responsibility also for making information about the joint processing available to you and for making it possible for you to exercise the rights accruing to you (see No. 11);
  • Meta Ireland alone is entitled to make and, if necessary, implement decisions concerning the processing of Page Insights Data and the satisfaction of its data privacy protection obligations;
  • Meta Ireland alone is responsible for the processing of other personal data in connection with Page Insights that is not covered by the Page Insights Addendum; in this respect We are unable to demand disclosure;
  • the Irish Data Protection Commission (https://www.dataprotection.ie) is the authority in charge of supervising the processing conducted in joint responsibility.

Information on technical and organizational measures through which Meta ensures the security of your data can be found in the schedule to the “Page Insights Addendum” under the following link: https://www.facebook.com/legal/terms/page_controller_addendum.

In order to obtain Page Insights Data, Meta also uses so-called Cookies, for example to determine whether or not a User is logged-in to the Facebook Platform. Further details can be found above in No. 5 of this Data Privacy Policy. According to Meta, except for a Facebook user ID for persons logged-in to the Facebook Platform, so-called Events used in order to compile Page Insights do not store IP addresses, Cookie Ids or other labels attributable to persons or their devices.

7. Interest-based Advertising

We are in a position to use the demographic and geographical analyses of our target groups made available by Meta in order to place targeted, interest-based adverts on our Facebook Page or in order to highlight our posts without becoming directly aware of the identity of the User or Visitor to whom the adverts are displayed. The display of advertising and the highlighting of posts on our Facebook Page is based in this case on an analysis of previous user behaviour by Meta, in which respect We only receive anonymized and/or pseudonymized information which as a rule does not permit you to be identified by us and which is never combined with any personal data we might store.

Insofar as, in an exceptional case, we conduct an extended comparison with customer lists within the context of interest-based advertising, we do this only after you have granted us your consent accordingly.

You as a User can determine the extent to which Meta is permitted to track and use your user behaviour, in the settings for advertising preferences (https://de-de.facebook.com/ads/preferences).

You can also acquire advert-free use of Facebook by purchasing a subscription from Meta so that, according to Meta, it will not display advertising to you during the term of the subscription. In addition, according to Meta, during the term of the subscription your information will not be used for advertising purposes. In this connection please read the information on taking out a subscription at Meta in No. 5 of this Data Privacy Policy.

8. Recipients of Personal Data

We only provide your personal data to external third parties if this is necessary in order to manage or process your concerns, if you have granted your consent or if there is statutory authorization.

Depending on the individual case, data will be transferred on the basis of your consent granted, for the performance of a contract and/or for the purpose of precontractual measures and/or in order to safeguard our legitimate interests. External recipients may also be Processors (e.g., technical services providers) that use personal data solely for the purposes we determine and according to our instructions, while complying with the statutory requirements.

Data may also be transferred to other private and public offices, e.g., to tax advisors, auditors, supervisory authorities, offices of public prosecution and the courts. In that case, data is transferred in order to satisfy legal obligations of Oertli and/or in order to safeguard our legitimate interests.

For information on how Meta transfers your data onwards within and outside the Meta group of companies, please see the Meta Data Privacy Policy: (https://de-de.facebook.com/about/privacy).

9. Data Processing in Third Countries

Insofar as we transfer your data to third countries outside Switzerland, the EU and/or the EEA in accordance with the above explanations, before the transfer we ensure that, save for exceptional cases permitted by law, there is either an adequate level of data protection at the recipient or that you consent to the transfer of data. An adequate level of data protection is ensured, for example, by certification of the recipient under the EU-U.S. Data Privacy Framework (adequacy decision), by the conclusion of EU standard contractual clauses or by the existence of so-called Binding Corporate Rules (BCR). Please contact us via the above-mentioned communication channels in order to receive a copy of the specific guarantees for the transfer of your data to third countries.

The data-processing by Meta regularly takes place also outside Switzerland and the EU/EEA, especially in the USA. Transfers to the USA of the personal data of persons resident in the EU are governed by the adequacy decision of the EU Commission based on the EU-U.S. Data Privacy Framework. Any transfer to the USA of the personal data of persons resident in Switzerland is governed by the standard contractual clauses concluded with Meta, which are available here: https://www.facebook.com/legal/EU_data_transfer_addendum.

10. Duration of Storage, Erasure

We only store your personal data as long as it is required for the fulfillment of the purposes or - if consent has been granted - until you revoke your consent. Should an objection be raised, we will no longer process your personal data unless continued processing thereof is permitted or even obligatory under the pertinent statutory provisions (e.g., within the context of safe-keeping obligations under commercial or tax law). We also erase your personal data when we are obliged to do so by law.

At least once a year We examine the necessity of the personal data stored by us on the Facebook Platform and perform corresponding erasure routines within the context of which, for example, We initiate the deletion of messages sent to us. In this respect, however, since we do not have technical control over the Facebook Platform, we are unable to ensure that Meta does in fact erase data.

As a matter of principle, we are unable to influence how Meta stores and/or erases your personal data within the context of the Facebook Platform. For further details please see the Meta Data Privacy Policy (https://de-de.facebook.com/about/privacy).

11. Your Rights

As a data subject affected by the data-processing, you are entitled to numerous rights. These are, in detail:

  • Right to Information: You are entitled to obtain information from us about the personal data about you that we store.
  • Rights to Rectification and Erasure: You may require us to rectify data that is incorrect and - insofar as the statutory requirements are met - to erase your data.
  • Right to Restrict Processing: Insofar as the statutory requirements are met, you may require us to restrict the processing of your data.
  • Right to Data Portability: If you have provided data to us on the basis of a contract or your consent, where the statutory requirements are met, you may obtain the data you provided, in a structured and common format, or may require that we transfer such data to another controller.
  • Right to Object to Data-Processing Based on Legitimate Interests: You are entitled to object at any time, on grounds relating to your particular situation, to the processing by us insofar as such data-processing is based on "legitimate interests." If you exercise your right to object, we shall discontinue the processing of your data unless we are able to prove compelling grounds for continued processing that merit protection, grounds that override your rights.
  • Revocation of Consent: Insofar as you have granted your consent to us for the processing of your personal data, such consent may be revoked at any time with future effect. This shall not affect the lawful nature of the processing of your data up to the time your consent is revoked. Please note the explanations in No. 5 if you wish to revoke your consent to the use of certain cookies.
  • Right to Complain to a Supervisory Authority: You are also entitled to submit a complaint to the competent supervisory authority if you believe that the processing of your personal data is in breach of the law in force. To this end, you may choose to contact the data protection authority responsible for your place of residence, your place of work or the place of the suspected breach, or the data protection authority responsible for us.

The data protection supervisory authority responsible for us under the Swiss Data Protection Act (DSG) is: Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter [Federal Data Protection and Information Commissioner], Feldeggweg 1, CH-3003 Bern, Switzerland, Tel.: +41 (0)58 462 43 95, Fax: +41 (0)58 465 99 96.

We have agreed with Meta Ireland that the Irish Data Protection Commission (https://www.dataprotection.ie) is the authority in charge of supervising the processing conducted in joint responsibility.

In case of questions about the processing of your personal data, your rights as a data subject and to any consent granted, please do not hesitate to contact our data protection officer via the communication channels mentioned below.

However, we recommend addressing requests for information and exercising other rights as a data subject directly to Meta Ireland. The reason is that as the provider of the Facebook Platform, Meta alone is able to directly access the necessary information, to take any measures necessary and provide information.

The Meta Data Privacy Policy (https://de-de.facebook.com/about/privacy) explains how you can exercise your rights as a data subject in relation to Meta. In relation to Meta, you are entitled, in particular,

We also recommend that you regularly check the settings for the protection of your private sphere on the Facebook Platform. As a User of the Facebook Platform, you can, in particular:

The data protection officer at Meta Ireland can be contacted using an online contact form: https://de-de.facebook.com/help/contact/‌540977946302970.

12. Our Data Protection Officer

We have appointed an external data protection officer/advisor. Our data protection officer is available at:

c/o V-Formation GmbH
Stephanienstr. 18
76133 Karlsruhe, Germany

E-Mail: datenschutz.oertli-instrumente@v-formation.de
Website: https://www.v-formation.de/

13. Our EU Representative

We have appointed a representative in an EU Member State. Our representative is available at:

Simone Vonbank
Oertli Ophthalmedic Österreich GmbH
Schwefel 93
6850 Dornbirn, Austria

Website: https://www.oertli-ophthalmedic.at/impressum-agb
E-mail: simone.vonbank@oertli-ophthalmedic.at

 

 

14. Security

We take technical and organizational security measures in order to protect your personal data against accidental or intentional manipulation, loss, destruction and access by unauthorized persons. These security measures are adjusted individually, taking into account the current state of the art.

Your personal data transferred within the context of your use of our Facebook Page is transferred securely in encrypted form. In doing so, Meta employs the encryption protocol Transport Layer Security (TLS), more broadly known under its previous name Secure Sockets Layer (SSL).

A confidentiality obligation is imposed on our employees.

15. Amendments

From time to time it might be necessary to amend the contents of this Data Privacy Policy. We therefore reserve the right to amend the contents at any time. We will also publish the amended version of the Data Privacy Policy here. When you visit our Facebook Page again, you should therefore re-read the Data Privacy Policy.

As at: February 2024

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