Last updated: October 2023
1. Identity and Contact Details of the Data Controller
The data controller responsible in accordance with the purposes of the General Data Protection Regulation (GDPR) and other data protection regulations is:
OMNIPEAK GmbH, Mindspace Eurotheum, Neue Mainzer Strasse 66-68, 60311 Frankfurt am Main, Germany
hello@omnipeak.ai
+49 151 42325468
2. General Information on Data Processing
2.1. Scope of processing personal data
In general, we only process the personal data of our users to the extent necessary in order to provide a functioning website with our content and services. The processing of personal data regularly only takes place with the consent of the user. Exceptions include cases where prior consent technically cannot be obtained and where the processing of the data is permitted by law.
2.1 Legal basis for data processing
Art. 6 (1) (a) GDPR serves as the legal basis to obtain the consent of the data subject for the processing of their data.
As for the processing of personal data required for the performance of a contract of which the data subject is party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual activities.
When it is necessary to process personal data in order to fulfill a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.
If vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
If the processing of data is necessary to safeguard the legitimate interests of our company or that of a third party, and the fundamental rights and freedoms of the data subject do not outweigh the interest of the former, Art. 6 (1) (f) GDPR will serve as the legal basis for the processing of data.
3. Legal basis for the processing of data on your end device
The legal basis for the use of technically necessary cookies and related data processing is § 25 para. 2 TTDSG in conjunction with. Art. 6 (1) (f) GDPR. The processing serves to facilitate your use of our website and to be able to offer you our services as desired. Some functions of our website also do not work without the use of these cookies and could therefore not be offered. Our legitimate interest in processing the cookie results from the aforementioned purposes. The cookies are deleted after the session ends (e.g. logging out or closing the browser) or after the expiration of a specified duration.
The legal basis for the use of technically unnecessary cookies is your consent, which you give us via the cookie banner in accordance with Section 25 (1) TTDSG in conjunction with. Art. 6 (1) (a) GDPR. For these services, you can revoke your consent at any time with effect for the future or subsequently grant it again by accessing your cookie and privacy settings online via our privacy information and configuring them accordingly. Alternatively, you can prevent the storage of cookies by selecting the appropriate settings on your browser software. Please note that the browser settings you make only affect the browser you are using. For further detailed information, please refer to the following descriptions.
4. Data removal and storage duration
The personal data of the data subject will be erased or restricted as soon as the purpose of its storage has been accomplished. Additional storage may occur if it was provided for by the European or national legislator within the EU regulations, law, or other relevant regulations to which the data controller is subject. Restriction or erasure of the data also takes place when the storage period stipulated by the aforementioned standards expires, unless there is a need to prolong the storage of the data for the purpose of concluding or fulfilling the respective contract.
4. Rights of the Data Subject
When your personal data is processed, you are subsequently a data subject in the sense of the GDPR and have the following rights:
4.1 Right to information
You may request from the data controller to confirm whether your personal data is processed by them. If such processing is the case, you can request the following information from the data controller:
- The purpose for which the personal data is processed;
- The categories of personal data being processed;
- The recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
- The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
- The Existence of a Right to Rectification or Erasure of Personal Data Concerning You, a Right to Restriction of Processing by the Data Controller or a Right to Object to Such Processing;
- The existence of a right of appeal to a supervisory authority;
- All available information on the source of the data if the personal data is not collected from the data subject;
- The existence of automated decision-making including profiling under Art. 22 GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.
You have the right to request information on whether your personal data will be transmitted to a third country or an international organization. In this context, you can then request for the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
4.2 Right to rectification
You have a right to rectification and/or completion of the data controller, if your processed personal data is incorrect or incomplete. The data controller must correct the data without delay.
4.3 Right to the restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
- If you challenge the correctness of your personal data for a period of time that enables the data controller to verify the accuracy of your personal data;
- The processing is unlawful, and you refuse the erasure of the personal data and instead demand the restriction of the use of the personal data;
- The Representative no longer needs the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or
- If you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the data controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may with the exception of data storage only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest, interest to the Union, or a Member State.
If the processing has been restricted according to the above conditions, you will be informed by the data controller before the restriction is lifted.
4.3 Right to Erasure
a) Obligation to erase
If you request from the data controller to delete your personal data with immediate effect, they are required to do so immediately given that one of the following applies:
- Personal data concerning you is no longer necessary for the purposes for which they were collected or processed.
- You revoke your consent, to which the processing is allowed pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR and there is no other legal basis for processing the data
- According to Art. 21 (1) GDPR, you object to the processing of the data given that the processing of the data is justified by a legitimate interest, or you object pursuant to Art. 21 (2) GDPR.
- Your personal data has been processed unlawfully.
- The act of deleting your personal data will invoke a legal obligation under the Union Law or the Law of the Member States to which the data controller is subject.
- Your personal data was collected in relation to information business services offered pursuant to Art. 8 (1) GDPR.
b) Information to third parties
If the data controller has made your personal data public and has to delete the data pursuant to Art. 17 (1) GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, taking into account available technology and implementation costs to execute the process.
c) Exceptions
The right to deletion does not exist if the processing is necessary
- to exercise the right to freedom of speech and information;
- to fulfill a legal obligation required by the law of the Union or of the Member States to which the representative is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative;
- for reasons of public interest in the field of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;
- for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
- to enforce, exercise or defend legal claims.
4.4 Right to information
If you have the right of rectification, erasure or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort. You reserve the right to be informed about the recipients of your data by the data controller.
4.5 Right to data portability
You have the right to receive your personal data given to the data controller in a structured, standard and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the data controller who was initially given the data, given
- That the processing is based on a consent in accordance with Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract in accordance with Art. 6 (1) (b) GDPR
- And the processing is done by automated means.
In exercising this right, you also have the right to maintain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected. The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the data controller.
4.6 Right to object
Subjective to your situation, you have, at any time, the right to object against the processing of your personal data pursuant to Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims. If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling insofar as it is associated with direct mail. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. You have the possibility, in connection with the use of information society services - notwithstanding directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications.
4.7 Right to revoke the data protection consent delcaration
You have the right to withdraw your consent at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
4.8 Automated decision on a case-by-case basis, including profiling
You have the right not to subject to a decision based solely on automated processing including profiling that will have legal effect or affect you in a similar manner. This does not apply if the decision
- Is required for the conclusion or execution of a contract between you and the data controller
- Is permitted by the Union or Member State Legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
- With your expressed consent.
However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests. With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or their representative, to express your opinion on the matter, and to contest the decision.
4.9 Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in the Member State of their residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR. The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
5. Provision of the website and creation of log files
5.1 Description and scope of data processing
Each time our website is accessed, our system automatically collects data and relevant information from the computer system of the calling device. The following data is collected:
- Browser type and version used
- The user's operating system
- The Internet Service Provider of the User
- IP address
- Date and time of access
- Web pages from which the user's system accessed our website
- Web pages accessed by the user's system through our website
The data is stored in the log files of our system. The data is not stored with the user's other personal data.
5.2. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session. The storage in log files is done to ensure the functionality of the website. The data is also used to optimize the website and to ensure the security of our IT systems. An analysis of the data for marketing purposes does not take place. These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 p. 1 lit. f GDPR.
5.3 Legal basis for data processing
The legal basis for temporary storage of data is Art. 6 (1) (f) GDPR. The legitimate interest lies in the purpose of ensuring the functionality of the website, optimizing the website and ensuring the security of the information technology systems.
5.4 Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The session is complete when the collection of data for the provision of the website is accomplished. In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5.5 Possibility of Objection and Elimination
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. As a result, there is no possibility of objection on the part of the user.
6. Use of cookies
6.1 Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet Browser or the Internet Browser on the user's computer system. If a user calls up a website, a cookie can be stored on the user's operating system. These cookies contain a string of characters that allows the browser to be uniquely identified when the website is reopened. We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be identified even after a page break. The following data is stored and transmitted in the cookies:
- Search terms entered
- Frequency of page views
- Use of website functions
The user data collected in this manner is pseudonymised by technical measures. It is therefore not possible to assign the data to the user accessing the site. The data is not stored together with other personal data of the users.
6.2 Purpose of data processing
The purpose of using technical cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. These require that the browser is recognized even after a page change. We require cookies for the following applications:
- Adaptation of the display to the device and operating system.
The user data collected by technical cookies are not used to create user profiles. The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and thus can constantly optimize our offer.
6.3 Legal basis for data processing
The legal basis for the processing of personal data using non-technical cookies is Art. 6 (1) (a) GDPR. The legal basis for the processing of personal data using technical cookies is Art. 6 (1) (f) GDPR, legitimate interests.
6.4 Duration of storage and possibility of objection and removal
Cookies are stored on the user's device and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to their full extent.
If you use the Safari browser version 12.1 or higher, cookies will be automatically deleted after seven days. This also applies to opt-out cookies, which are used to prevent the use of tracking mechanisms.
7. Email contact
7.1 Description and scope of data processing
You can contact us via the email address provided on our website. In this case the personal data of the user transmitted with the email will be stored. The data will be used exclusively for the processing of the conversation.
7.2 Purpose of data processing
If you contact us via email, this also constitutes the necessary legitimate interest in the processing of the data.
7.3 Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given his consent. The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 (1) (f) GDPR. If the purpose of the email contact is to conclude a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR.
7.4 Duration of storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when it can be concluded from the circumstances that the matter in question has been conclusively resolved. The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
7.5. Possibility of Objection and Elimination
The user has the possibility to object his consent to the processing of personal data at any time. If the user contacts us by email via hello@omnipeak.ai, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. In this case, all personal data stored in the course of establishing contact will be deleted.
8. Application by email
8.1 Description and scope of data processing
You can send us your application by email. In doing so, we collect your email address and the data provided by you in the email.
- First name, last name
- Email address
- Date of birth
- Information that the applicant wants to provide
- Address
- Residence
- Telephone number
- Photo
8.2 Purpose of data processing
The processing of personal data from your application email serves us solely to process your application.
8.3 Legal basis for data processing
The legal basis for the processing of your data is the contract initiation which takes place at the request of the data subject, Art. 6 (1) p.1 lit. b alt. 1 GDPR and § 26 (1) 1 BDSG.
8.4 Duration of storage
After completion of the application process, the data will be stored for up to three months. At the latest after the expiration of the three months, your data will be deleted. In the event of a legal obligation, the data will be stored within the framework of the applicable provisions.
8.5 Possibility of Objection and Elimination
The Applicant has the possibility to object to the processing of personal data at any time. In such a case, the application can no longer be considered. The consent can be revoked at any time by sending an email to hello@omnipeak.ai. All personal data stored in the course of electronic applications will be deleted in this case.
9 Use of company presences in professional networks
9.1 Presence in professional-oriented networks
We use corporate presences on professionally oriented networks. We maintain a corporate presence on the following professionally oriented networks:
LinkedIn: LinkedIn, Unlimited Company Wilton Place, Dublin 2, Ireland
On our site we provide information and offer users the possibility of communication.
The corporate presence is used for job applications, information/PR and active sourcing.
We do not have any information on the processing of your personal data by the companies jointly responsible for the corporate presence. Further information can be found in the privacy policy of: linkedin.
If you carry out an action on our company website (e.g. comments, posts, likes, etc.), it is possible that you make personal data (e.g. clear name or photo of your user profile) public.
9.2 Legal basis for data processing
The legal basis for the processing of your data in connection with the use of our corporate web presence is Art. 6 (1) (f) GDPR.
9.3 Purpose of data processing
Our corporate web presence serves to inform users about our services. Every user is free to publish personal data through activities.
9.4 Duration of storage
We store your activities and personal data published via our corporate web presence until you revoke your consent. In addition, we comply with the statutory retention periods.
9.5 Objection and removal
You can object at any time to the processing of your personal data which we collect within the scope of your use of our corporate web presence and assert your rights as a data subject mentioned under IV. of this privacy policy. To do so, send us an informal email to the email address stated in this data protection declaration. Further information on this provided by LinkedIn can be found here.
10th hosting
The website is hosted on servers by a service provider contracted by us. Our service provider is: 1blu AG. The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the website. The information stored is:
- Browser type and browser version
- Operating system used
- referrer URL
- Host Name of the Accessing Computer
- Date and time of server request
- IP address
This data will not be merged with other data sources. The data is collected based on Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website for this the server log files must be recorded.
The location of the website server is geographically in the European Union (EU) or the European Economic Area (EEA).
11. Usage of plugins
We use plugins for various purposes. The plugins used are listed below:
Service
Provider
Transfer to countries outside the EU
Purpose of data processing
Legal basis
information
Google Analytics
Google Ireland Ltd.
Ireland (USA)
Analytics
Art. 6 (1) (a) GDPR
Usercentrics
Usercentrics GmbH
Germany
Consent Management
Art. 6 (1) (a) GDPR
MailChimp
The Rocket Science Group, LLC
USA
newsletters
Art. 6 (1) (a) GDPR
11.1 Duration of storage
Your personal information will be stored for as long as is necessary to fulfill the purposes described in this privacy policy or as required by law.
11.2 Transfer to third countries
When using the plugins marked with third country transfer or USA, personal data may be transferred to servers of third countries outside the EU, such as the USA. The legal basis for this transfer is consent to Art. 6 (1) 1 lit. a GDPR. The United States of America does not provide an adequate level of data protection based on a decision of the European Union. The essential risk of the transfer lies in the obligation of the plug-in providers to make user data accessible to American authorities under certain circumstances. An order processing agreement with standard contractual clauses is currently in place with all providers in order to make the third-country transfer as data-protection-friendly and secure as possible. Adjustments to the ECJ ruling of 16.07.2020 (Schrems II, ref. C-311/18) including additional security measures are currently being sought by us. A copy of the standard data protection clauses can be requested by sending us an informal email.
11.3 Right to withdraw consent and removal options
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the withdrawal. You can prevent the collection as well as the processing of your personal data by the respective providers by preventing the storage of third-party cookies on your computer, using the “Do Not Track” function of a supporting browser, disabling the execution of script code in your browser or installing a script blocker such as NoScript or Ghostery In your browser. We reserve the right to make changes to this privacy policy at any time. The privacy policy will be updated regularly and any changes will be automatically posted on our website.
