Data Privacy Policy for Social Media Presence of Oertli Instrumente AG

a) Instagram

b) YouTube

c) LinkedIn

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 about your rights as the data subject within the context of use of our presences on the social media platforms Instagram, YouTube and LinkedIn (hereinafter referred to collectively as “Social Media Platforms”) available at

a) https://www.instagram.com/oertliinstrumenteag/ („Instagram Presence“)

b) https://www.youtube.com/channel/UC2W9-EsBYgqbI_Cz8LGUwLQ („YouTube Presence“)

c) https://www.linkedin.com/company/oertli-instrumente-ag/ („LinkedIn Presence“)

(hereinafter referred to collectively as the „Social Media Presences“)

Apart from us, the provider of the Instagram platform, Meta Platforms Ireland Limited, Block J, Serpentine Avenue, Dublin 4, Ireland, (hereinafter also referred to as “Meta” or “Meta Ireland”) is also the Controller of the data-processing on our Instagram Presence.

Apart from us, the provider of the YouTube platform, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, (hereinafter also referred to as “Google”) is also the Controller of the data-processing on our YouTube Presence.

Apart from us, the provider of the LinkedIn platform, LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland, (hereinafter also referred to as “LinkedIn” or “LinkedIn Ireland”) is also the Controller of the data-processing on our LinkedIn Presence. As regards so-called “Page Insights” data, together with LinkedIn, 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 Analytics” function and on the essence of our agreement with LinkedIn can be found in No. 6.

(hereinafter also referred to collectively as the “Social Media Platform Providers”)

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.

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 only applies to our above-mentioned Social Media Presences. 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 social media presences or internet sites of other, external providers, e.g., where links to such sites are provided on our Social Media Presences.

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.

The subject-matter of data privacy is the protection of personal data in the sense of the Swiss Data Protection Act (DSG) and the EU General Data Protection Regulation (GDPR). 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 Social Media Presences and in order to communicate with you as a user/visitor about such issues and possibly to conduct marketing activities on our Social Media Presences.

We would like to point out that you are using our Social Media Presences and their functions as well as the Social Media Platforms at your own responsibility. This applies especially to the use of interactive functions (e.g., likes, following, comments, sharing, critique).

Your use of the Instagram platform and the data-processing by Meta as the provider of the Instagram platform are primarily governed by the Terms of Use (https://help.instagram.com/581066165581870) and the Data Privacy Policy (https://help.instagram.com/519522125107875) of Meta.

Your use of the YouTube platform and the data-processing by Google as the provider of the YouTube platform are primarily governed by the YouTube Terms of Service (https://www.youtube.com/t/terms) and the Data Privacy Policy (https://policies.google.com/privacy) of Google.

Your use of the LinkedIn platform and the data-processing by LinkedIn are primarily governed by the User Agreement (https://www.linkedin.com/legal/user-agreement) and the Privacy Policy (https://www.linkedin.com/legal/privacy-policy) of LinkedIn.

In some cases, our Social Media Presences can be used without registration on the relevant Social Media Platform. Even where you use the relevant Social Media Platform without registering, personal data might be processed.

We would like to point out explicitly that the providers of the Social Media Platforms store and possibly use the data of registered users of the relevant platform (hereinafter also referred to as “Users”) and of other interested visitors to the relevant Social Media Platform (hereinafter also referred to as “Visitors”), e.g. personal information, IP address, cookies etc., for their own commercial purposes, possibly 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 the providers of the Social Media Platforms. 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 the providers of the Social Media Platforms comply 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 relevant Social Media Platform.

Our Social Media Presences are provided in order to inform Users and Visitors about our enterprise and our activities, and in order to exchange views with them. If you wish to obtain information about us without using the relevant Social Media Platform, you may alternatively obtain much of the information offered on our Social Media Presences on our website (https://www.oertli-instruments.com/en#head).

If you contact us directly via our Social Media Presences (e.g., via a personal message or 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 systems. In addition, insofar as you have granted us your corresponding consent or, if necessary, within the context of pre-contractual measures or for performance of a contract with you, your data might be forwarded to third parties in order to respond to your query.

Insofar as pre-contractual negotiations are concerned, data provided within the context of direct contact established via the Social Media Platforms will be processed in order to perform an agreement or in order to take pre-contractual measures. Insofar as we ask you to consent to the data-processing, e.g., in connection with forms we make available, the legal basis for data-processing in this respect 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 the use made of such information by the providers of the Social Media Platforms, please refrain from providing sensitive data or other confidential information such as, for example, health data, 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.datenschutzerklarung-social-media

In accordance with the way in which a social media platform works, Oertli may become aware of the Users who like our Instagram Presence and our posts, who criticize, comment or share them, insofar as such interaction is made public on the Instagram platform by Users and not expressly marked as “private.” We analyze such information in aggregated form in order to provide more relevant contents which could be of more interest to the Users and Visitors of our Instagram presence. The information thus obtained does not allow us to draw conclusions as to a natural person.

Within your Instagram profile you as a User are able to actively hide your posts and followers, or to stop following our Instagram Presence. In that case you will no longer appear in the list of followers of our Instagram Presence.

In accordance with the way in which a social media platform works, Oertli may become aware of the Users who like our YouTube posts, who criticize, comment or share them, or who subscribe to our YouTube channel. We analyze such information in aggregated form in order to provide more relevant content which could be of more interest to the Users and Visitors of our YouTube channel. The information thus obtained does not allow us to draw conclusions as to a natural person.

Within your YouTube profile you as a User are able to mark your posted videos and compiled playlists as well as your YouTube channel subscriptions as being private so that they are not visible to other Users. You can also decide to stop following our YouTube channel. In that case you will no longer appear in the list of subscribers to our YouTube channel.

In accordance with the way in which a social media platform works, Oertli may become aware of the Users who like our posts on LinkedIn, who criticize, comment or share them, or who follow our LinkedIn Presence. We analyze such information in aggregated form in order to provide more relevant contents which could be of more interest to the Users and Visitors of our LinkedIn Presence. The information thus obtained does not allow us to draw conclusions as to a natural person.

As a User of the LinkedIn platform, you can choose to unfollow our LinkedIn Presence at any time.

Social Media Platform Providers use 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 to optimize their products. The data obtained by using Cookies is directly stored and processed by the Social Media Platform Providers. Oertli has no access to or influence on how the Social Media Platform Providers use such data.

The information obtained using Cookies can be used by the Social Media Platform Providers within the relevant platform and within other social media services and third-party services using social media 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 the Social Media Platform Providers can enable, e.g., social media partners or even third parties to use such data in order to display adverts within and outside the relevant Social Media Platform. Insofar as you use the relevant Social Media Platform on several end devices, the collection and analysis of data can also be conducted across multiple devices, especially if you are logged-in as a User.

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 Instagram Cookies Policy (https://help.instagram.com/1896641480634370).

According to Meta as the Instagram platform provider, the storage and use of Cookies in connection with optional Cookies takes place only if you have granted your consent accordingly. These are Cookies from other enterprises than Meta, that are used, for example, in connection with personalized advertising and analyses as well as the offer of certain functions. According to Meta, Cookies that are necessary for use of the Meta products and for the functions of the Instagram site cannot be deactivated.

You can also acquire advert-free use of Instagram 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 Instagram 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.

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

According to Google as the YouTube platform provider, the storage and use of Cookies in connection with personalized advertising, personalized content and other personalized offers takes place only if you have granted your consent accordingly. Other Cookies for website statistics purposes and Cookies serving to ensure the security of Visitors, Users and the YouTube platform, to identify Users during use of the YouTube platform, to retrieve settings and to ensure the functionality of the YouTube platform, cannot be deactivated according to the information of Google as the YouTube platform provider.

Detailed information on the nature, scope, purposes, legal basis and options for objecting (opt-out) to the use of Cookies by LinkedIn can be found in the LinkedIn Cookie Policy (https://www.linkedin.com/legal/cookie-policy).

According to LinkedIn, the storage and use of Cookies in connection with personalized advertising, analysis and research as well as functional Cookies takes place only if you have granted your consent accordingly. Other Cookies serving to ensure the security of Visitors, Users and the LinkedIn platform, to identify Users during use of the LinkedIn platform, to retrieve settings and to ensure the functionality of the LinkedIn platform, cannot be deactivated according to the information of LinkedIn.

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 (https://easylist.to).

However, if you prevent the storage of Cookies, this can lead to restrictions in the functions of the relevant Social Media Presence.

In connection with the operation of our Instagram presence we use the “Insights” function of the Instagram platform, by means of which Meta as the Instagram platform provider makes statistical data on the use of our Instagram presence available to us, data that is anonymous for us, i.e. the personal data of individual Users or Visitors is not visible to us. We are not aware in detail of the data that Meta employs for the analysis of use in connection with our Instagram presence.

We receive, in particular, aggregated data on the following areas from Meta: Activities (e.g., interactions such as profile visits and website clicks or the number of persons who view content and where they find such content), content (analysis of posts, stories and promotions) as well as target group (demographic information on subscribers and other Visitors).

In connection with the operation of our YouTube presence we use the “Analytics” function of the YouTube platform, by means of which Google as the YouTube platform provider makes statistical data on the use of our YouTube channel available to us, data that is anonymous for us, i.e. the personal data of individual Users or Visitors is not visible to us. We are not aware in detail of the data that YouTube employs for the analysis of use in connection with our YouTube channel. We are able to view the following aggregated data in particular: Overview (e.g. number of videos retrieved, total duration of video viewings), reach (e.g. types of access sources), interaction (e.g. information on videos with the longest playing times), target group (e.g. age, gender and region of viewers), sales (e.g. information on expected sales and sales sources).

In connection with the operation of our LinkedIn presence we use the “Analytics” function of the LinkedIn platform (also referred to by LinkedIn as “Page Insights” or “Insights”), by means of which LinkedIn makes statistical data on the use of our LinkedIn presence available to us, data that is anonymous for us, i.e. the personal data of individual Users or Visitors is not visible to us. Detailed information on the data employed by LinkedIn for use analysis in connection with our LinkedIn presence and the information provided by LinkedIn on data-processing in connection with the Analytics function can be found here: https://www.linkedin.com/help/linkedin/answer/4789/unternehmensseitenanalysen-ubersicht?lang=de and here: https://www.linkedin.com/help/linkedin/answer/125045?lang=en.

With regard to the so-called “Page Insights” data, together with LinkedIn, We are jointly responsible for the data-processing and have concluded a corresponding agreement between joint Controllers (“Page Insights Joint Controller Addendum” - https://legal.linkedin.com/pages-joint-controller-addendum) regulating our respective obligations regarding data privacy protection. In that agreement we have, for example, agreed that

• We and LinkedIn are joint Controllers for the processing of Page Insight data;
• LinkedIn 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 under the applicable data privacy protection laws;
• the Irish Data Protection Commission (https://www.dataprotection.ie) is the authority in charge of supervising the processing conducted in joint responsibility.

In order to obtain Page Insights data, LinkedIn also uses so-called Cookies, for example to determine whether or not a User is logged in to the LinkedIn platform. Further details can be found above, in No. 5 of this Policy.

We are unable to deactivate the Analytics function. However, we do not actively use the data made available to us for our own analysis purposes.

We are in a position to use the demographic and geographical analyses of our target groups made available to us by Meta in order to place targeted, interest-based adverts on our Instagram presence and in order to highlight our posts without however 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 Instagram presence 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. In particular, there is no extended comparison of your data with customer lists.

If you as a User have linked your Instagram account to your Facebook account, in the settings for advertising preferences on Facebook (https://de-de.facebook.com/ads/preferences) you can determine the extent to which Meta is permitted to track and use your user behaviour.

You can also acquire advert-free use of Instagram 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 purchasing a subscription at Meta in No. 5 of this Data Privacy Policy.

We are in a position to use the demographic and geographical analyses of our target groups made available to us by LinkedIn in order to place targeted, interest-based adverts on our LinkedIn presence and in order to highlight our posts without however 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 LinkedIn presence is based, in this case, on an analysis of previous user behaviour by LinkedIn, 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. In particular, there is no extended comparison of your data with customer lists.

As a LinkedIn User, in the settings of your LinkedIn account, you can determine the extent to which LinkedIn Ireland is permitted to track and use your user behaviour (https://www.linkedin.com/help/linkedin/answer/a1337839?lang=en).

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 or 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 as the Instagram platform provider transfers your data onwards within and outside the Meta group of companies, please see the Instagram Data Privacy Policy: (https://help.instagram.com/519522125107875).

For information on how Google as the YouTube platform provider transfers your data onwards within and outside the Google group of companies, please see the Google Data Privacy Policy: (https://policies.google.com/privacy#infosharing).

For information on how LinkedIn transfers your data onwards within and outside the LinkedIn group of companies, please see the LinkedIn Data Privacy Policy: (https://www.linkedin.com/legal/privacy-policy).

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, Google and LinkedIn 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, Google and LinkedIn, which are available under the links below:

• Instagram: https://www.facebook.com/help/566994660333381
• YouTube: https://policies.google.com/privacy/frameworks
• LinkedIn: https://www.linkedin.com/help/linkedin/answer/62533?lang=en

We only store your personal data as long as it is required for satisfaction 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 within the context of our Social Media Presences 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 relevant Social Media Platform, We are unable to ensure that the relevant Social Media Platform Provider does in fact erase data.

As a matter of principle, We are unable to influence how the Social Media Platform Providers store and/or erase your personal data within the context of the relevant Social Media Platform.

For further details please see the Instagram Data Privacy Policy (https://help.instagram.com/519522125107875).

For further details please see the Google Data Privacy Policy (https://policies.google.com/technologies/retention?hl=en&gl=en).

For further details please see the LinkedIn Data Privacy Policy (https://www.linkedin.com/legal/privacy-policy).

LinkedIn

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

Kindly address our data protection officer using the communication channels listed in No. 12 in order to exercise your rights as a data subject.

However, we recommend that you address requests for information and exercise other rights as a data subject directly to the relevant Social Media Platform Provider. The reason is that the Social Media Platform Providers alone are able to directly access the necessary information, take any measures necessary and provide information.

The Instagram Data Privacy Policy (https://help.instagram.com/519522125107875) explains how you can exercise your rights as a data subject in relation to Meta as the Instagram platform provider. In the settings of your Instagram account you are entitled, in particular,

• to obtain access to the information about you stored there and to download such information as an archive (https://www.instagram.com/download/request/),
• to request the erasure of certain contents or comments, or to block certain accounts (https://www.instagram.com/accounts/data_controls_support/),
• to temporarily deactivate your account (https://www.instagram.com/accounts/edit/).
• to permanently delete your account (https://www.instagram.com/accounts/remove/request/permanent/).

We also recommend that you regularly check the settings for protection of your private sphere on the Instagram platform. As a User of Instagram you can, in particular, make adjustments in the Instagram data privacy settings (https://www.instagram.com/accounts/privacy_and_security). Further information on this issue is available directly on the Instagram platform: https://help.instagram.com/116024195217477.

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

The Google Data Privacy Policy (https://policies.google.com/privacy#infodelete) explains how you can exercise your rights as a data subject in relation to Google as the YouTube platform provider. You are entitled, in particular,

• to export a copy of the contents of your Google account (https://takeout.google.com),
• to delete your account (https://myaccount.google.com/deleteaccount).

We also recommend that you regularly check the settings for the protection of your private sphere on the YouTube platform. As a User of YouTube you can, in particular, make adjustments in the YouTube data privacy settings (https://www.youtube.com/account_privacy) and the Google data privacy settings (https://policies.google.com/privacy#infochoices).

The data protection officer at Google can be contacted using an online contact form: https://support.google.com/policies/troubleshooter/7575787.

The LinkedIn Data Privacy Policy (https://www.linkedin.com/legal/privacy-policy) explains how you can exercise your rights as a data subject in relation to LinkedIn. You are entitled, in particular,

• to obtain access to the information about you stored at LinkedIn (https://www.linkedin.com/help/linkedin/answer/50191),
• to close your account (https://www.linkedin.com/help/linkedin/answer/63).

We also recommend that you regularly check the settings for the protection of your private sphere on the LinkedIn platform. As a User of LinkedIn you can, in particular, make adjustments in the LinkedIn data privacy settings (https://www.linkedin.com/psettings/privacy).

The data protection officer at LinkedIn can be contacted using an online contact form: https://www.linkedin.com/help/linkedin/ask/TSO-DPO.

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
Websiite: https://www.v-formation.de/

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

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 Social Media Presences is transferred securely in encrypted form. In doing so, the Social Media Platform Providers employ 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.

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 publish the amended version of the Data Privacy Policy here. When you visit our Social Media Presences again, you should therefore re-read the Data Privacy Policy.

As at: February 2024