Disclaimer and Data Protection

MOBOTIX AG Privacy Policy, November 2020

MOBOTIX AG, Kaiserstrasse, 67722 Langmeil, Germany (“MOBOTIX”, “we” or “our”) takes the protection of your data seriously. Our protection measures therefore closely follow the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) in their respective current version. Below we have outlined how we handle the personal data of (a) the visitors to our website, (b) business partners, (c) shareholders and (d) job applicants at MOBOTIX. Below, we further explain how data is processed by MOBOTIX products, explain your rights as a data subject and inform you how to contact us and our data protection officer.

1 Information for Visitors of our Website, Newsletters and Social Media

1.1 Provision of the Website and Log Files

The following personal data will be stored in a log file automatically when you access these webpages: date and time of access, IP address, link opened, information about web browser and operating system, volume of data transferred, error code and user name (in the case of customized access).

This data will also be generated when any other website is visited and is therefore not a special function of our website. Data is stored for security purposes and to improve our offering. This data is evaluated purely for statistical purposes in an anonymized form.

Processing of this personal data is technically necessary for us to display our website to you and ensure stability and security. The legal basis for processing your personal data is Article 6 (1) f GDPR.

This data is deleted after fourteen (14) days.

1.2 Technical measures to protect your data

Your personal data is stored by MOBOTIX on a server in the Federal Republic of Germany with state-of-the-art protection and is secured against unauthorized access. MOBOTIX employees are obligated to maintain confidentiality with regard to personal data.

MOBOTIX also provide registration forms on this website that can be used to register for training, events and the like. The input required for this purpose, such as address data, name and contact information of the person registering, is transferred internally by MOBOTIX to the persons responsible for processing and used solely for the intended purpose of processing the registration. The e-mail address and telephone number provided in this context are needed so you can be contacted in case of follow-up questions regarding your registration, and so that we can send you a reservation confirmation and further information about the events.

We have implemented a double opt-in procedure to prevent third parties from registering you for a newsletter via our homepage without your consent. We send an e-mail containing a link to the e-mail address you have specified. By clicking this link, you confirm that you agree to order the specified newsletter. Only then is your subscription active.

Wherever personal data is entered, the corresponding fields must be clicked to confirm that you have been notified of your statutory right to withdrawal according to the legal requirements of the GDPR and BDSG.

Without this confirmation, the input of personal data and therefore the desired registration to a newsletter, event or the like cannot be completed.

MOBOTIX will not pass on your personal data to a third party at any time without your express consent, unless

(a) passing on this information is necessary in order to implement offers or provide the services you wish to use,

(b) a subcontractor which we employ within the framework of providing offers or services requires this data (subcontractors are only entitled to use data insofar as this is necessary for the provision of offers or services. MOBOTIX obligates its partners under contract to comply with data protection regulations),

(c) an enforceable official or court order exists.

1.3 Use of Cookies and Web Analysis Service

(a) Cookies

A cookie is a small text file containing information that enables the identification of recurring visitors to our website. Cookies will be stored on your computer. This makes it possible to adapt our website to your requirements (for example, language, country assignment) and to assign information to the session steps during a session.

Only the cookie on your computer is identified in order to ascertain whether your computer has already accessed our website.

Cookies also offer the option for you, as a user of customized services, not to have to register each time you make use of these. Personal data will not be generated or forwarded in any case, nor will a link to personal data be established.

The use of all our website’s functions requires cookies to be allowed during a session. Current browsers have a security setting which ensures that cookies are deleted automatically at the end of a session.

These cookies allows us to improve performance (e.g. to load content faster) and to show country and language-related, localized contact information The legal basis for this is provided by Article 6 (1) f GDPR.

The cookies mentioned in Section 1.2(a)  are deleted when you close your browser.

(b) Google Analytics

At MOBOTIX we take the protection of your personal data extremely seriously and abide by data protection legislation. Some of the data collected when you visit this website will be used for statistical analysis.

(c) Data Collected For Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses cookies for the purpose of analyzing the way you use the website. The information about your use of the website generated by the cookie is generally transferred to a Google server in the U.S., where it is stored. If IP anonymization is activated on this website, your IP address within member states of the European Union or other states in the European Economic Area is first shortened by Google. Only in exceptional cases is the full IP address transmitted to a Google server in the U.S. and shortened there. By order of the website operator, Google uses this information to evaluate your use of the website, compile reports about website activities and offer additional services to the website operator related to the use of the website and the Internet. The IP address transmitted by your browser within the framework of Google Analytics is not combined with other data by Google. You can prevent the storage of cookies by configuring the settings of your browser software accordingly. However, please note that it may not be possible to fully use all functions of this website in that case. You can also prevent the capture of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

You can prevent capture by Google Analytics by clicking the following link. This sets an opt-out cookie that prevents the future capture of your data when you visit this website:

Deactivate Google Analytics

More information about terms of use and data protection is available at http://www.google.com/analytics/terms and https://policies.google.com/?hl=en. Please note that Google Analytics has been extended with the code “anonymizeIp” on this website to ensure the anonymized recording of IP addresses (IP masking).

(d) LinkedIn Insight Tag

The LinkedIn Insight tag allows to collect data about visits to the website from LinkedIn, including URL, referrer URL, IP address, device and browser properties, timestamps, and page views. This data is encrypted by LinkedIn, anonymized within seven days and the anonymized data is deleted within 90 days. LinkedIn does not share personally identifiable information with the owner of the website, but only provides aggregated reports about the website's audience and display performance. LinkedIn also provides web site visitor retargeting so that the owner of the website can use this data to display targeted advertising outside his or her website without the member being identified. LinkedIn members can control the use of their personal information for advertising purposes in their account settings.

The use of aforementioned technologies helps us to improve the quality and content of our Website and to assess and optimize our marketing activities. The aggregated statistical information includes data such as the total number of visitors. For example, we learn how often and in which order individual pages have been accessed and how much time visitors spend on average looking at our pages. We also find out whether users visited our website at an earlier point in time. The legal basis for this is your consent pursuant to Article 6 (1) a GDPR and our legitimate interests pursuant to Article 6 (1) f GDPR.

The cookies mentioned in Section 1.3(b)-(d) are kept, but automatically deleted after 2 years if the website was not visited again

1.4 Use Of Social Media Platforms

MOBOTIX not only make information available on their own website, but also on social media platforms such as Facebook, Twitter, YouTube, LinkedIn and similar. Likes or similar may be assigned to pages or individual articles on these platforms. The input of personal data is not intended. Furthermore, MOBOTIX do not transmit or evaluate any personal information such as user-specific statistics.

2 Information For Our Business Partners

If you are (or would like to become) a business partner of MOBOTIX, we need to record and use certain personal information about your and/or persons within your organization to fulfil our contractual obligations, or to be able to communicate with you. Without this personal data, we will generally have to decline entering into a contract or executing an order, or to cease performing obligations under an existing contract and terminate it.

2.1 Fulfilment Of The Contractual Relationship

To the extent required, we process the first name and family name, any titles or academic degrees, the company name, job function, address, telephone details, e-mail address, gender and language preference of our business partners.

We use the data set out above in order to fulfil our contractual obligations and/or to communicate with business partners and fulfil our legal obligations. The legal basis for processing your personal data is Article 6 (1) b and c GDPR.

MOBOTIX will exclusively process your personal data itself, and will not forward it to any third parties.

We will delete personal data of our business partners ten (10) years after the last documented communication in accordance with our legal obligations under Sections 247 of the German Commercial Code (Handelsgesetzbuch – “HGB”) and 147 of the German Fiscal Code (Abgabenordnung – “AO”), or as soon as the respective business partner exercises his/her/its right to demand erasure as set out below. This is without prejudice to your rights as a data subject, including the right to demand erasure.

2.2 Customer Support

About you as our contact person for our business customers, when you contact us via our website to obtain support, including warranty and out of warranty repair we may process the following information: your name, postal address, email address, telephone number, mobile number, product purchased and location, username and password.

This data is processed as long as we need it to handle your customer request and will be deleted after the expiration of the statutory limitation period for the respective MOBOTIX product, or at the latest after the expiration of the statutory retention period of ten (10) years under Sections 247 HGB and 147 AO.

2.3 Customer Portal

Insofar as you use our customer portal, we store the data collected there for our own purposes and for dissemination to selected sales partners within the framework of the MOBOTIX partner program.

3 Information for Shareholders

If you are a shareholder of MOBOTIX, we are under a legal obligation to record and process the following data about you: the holder’s name, date of birth, address, and the number of shares held. Shareholders are obliged to specify these details to us.

MOBOTIX uses your personal data for the purposes provided for by the AktG – in particular, maintaining the share ledger (as set out in more detail below), carrying out general meetings, as well as for giving notice when share ownership exceeds or falls below certain thresholds. The legal basis for processing your personal data is the German Stock Corporation Act in conjunction with Article 6 (1) c GDPR.

If you take part in the General Meeting, we are obliged, pursuant to Section 129 (1) sentence 2 AktG, to include you in the list of participants, stating your name, domicile, the number of shares held, and the type of ownership. Other shareholders and other participants of the General Meeting will be able to inspect these details during the meeting; shareholders will continue to have access for up to two (2) years afterwards pursuant to Section 129 (4) AktG.

Where a shareholder demands that items be placed on the agenda, the Company will publish these items, provided that the requirements under German company law are met, stating the shareholder's name. Likewise, MOBOTIX will make counter-proposals or proposals of candidates for election available on the MOBOTIX website, provided that the requirements under German company law are met, stating the shareholder's name (for details, please refer to Sections 122 (2), 126 (1) and 127 AktG.

In addition, we may process your personal data in order to fulfil further legal obligations such as regulatory requirements as well as to comply with retention periods under company, commercial or tax law. For example, where MOBOTIX appoints and instructs proxies for the General Meeting, data evidencing the instruction must be documented in a verifiable manner, and retained as well as protected against unauthorized access for three (3) years (Section 134 (3) sentence 5 AktG. The legal basis for processing your personal data in this case are the respective legal rules in conjunction with Article 6 (1) c GDPR.

In individual cases, MOBOTIX will also process your data in order to protect its own legitimate interests pursuant to Article 6 (1) f of the GDPR. This is the case, for example, in the event of a capital increase where individual shareholders must be excluded from information on offers for subscription on the grounds of their nationality or place of residence in order to comply with the securities laws of the countries concerned. Should we intend to process your personal data for any other purpose, we will inform you in advance, in accordance with applicable law.

We will generally delete or anonymize your personal data as soon as this is no longer required for the purposes set out above, unless we are obliged to maintain the data under a legal obligation to provide evidence, or mandatory retention period. Such obligations to provide evidence or retain data arise under the HGB, AO, or the German Money Laundering Act (Geldwäschegesetz – "GwG").

Data recorded in connection with General Meetings must generally be retained for three (3) years. Data stored in the share ledger is generally retained for a period of ten (10) years following disposal of the shares. Beyond this, MOBOTIX only retains personal data if this is necessary in connection with claims asserted against MOBOTIX (subject to statutory periods of limitation of up to 30 years). This is without prejudice to your rights as a data subject, including the right to demand erasure.

4 Information for Job Applicants

You can submit your application to MOBOTIX via our website – using the application form provided – or by post. We may not be able to process your application if you do not provide the required data.

We will record the first name and family name, any titles or academic degrees, address, date of birth, nationality, telephone details and e-mail address of applicants.

Providing personal data requested in connection with an application is voluntary. The legal basis for the processing of your personal data is the necessity for such processing in order to take a decision on entering into an employment relationship, pursuant to Section 26 (1) of the German Federal Data Protection Act (Bundesdatenschutzgesetz – “BDSG”).

If you submit your application, we will record and compile your personal information separately from other personal data, and will then pass it on to the department responsible within MOBOTIX for carrying out the application proceedings. Your application will be transmitted using HTTPS encryption, whilst the respective data will be stored in our database in unencrypted form. The files (PDF, JPG, GIF, PNG) will be stored within a password-protected area blocked against external access. We will use the details provided with your application exclusively for this purpose. It goes without saying that we will not pass on these details to third parties without your consent.

The personal data of rejected applicants for a maximum of six (6) months in accordance with Section 15 (4) of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz) and Section 61b (1) of the Labour Court Act (Arbeitsgerichtsgesetz). The personal data of the successful will be stored for a period of the employment relationship and after its termination for a period of the statutory limitation period of three (3) years. This is without prejudice to your rights as a data subject, including the right to demand erasure.

5 Data processed by MOBOTIX products

MOBOTIX is a producer of cameras which typically capture and help recording video data and thermal radiometry data. When one of our cameras is used in practice, MOBOTIX is not the data controller for the data recorded by the camera, but rather MOBOTIX’s customers are operating the devices on their own responsibility and as separate data controllers. When you enter any premises or an establishment where a MOBOTIX product is installed, a camera or a dual vision (thermal + visible) camera can detect pictures and surface temperature and additional analytics to indicate whether a data subject’s surface temperature is above a minimum. This information may be used by the respective operator of the camera to determine various standard operating procedures like whether someone may safely enter the premises. For further details please see the signage placed by the respective operator and data controller or other available privacy notices published by the operator and data controller. MOBOTIX or its representatives do not have access to any of the data being processed or stored by the independent operator. We help our customers, i.e., the independent operators, in setting up the system or for support, maintenance and related activities only via prior explicit approval and written authorization of the customer/operator/data controller. The system has appropriate security features like encryption to protect the data from unauthorized access.

6 Your Rights as a Data Subject

Subject to certain requirements, you have the following rights in relation to the processing of your personal data:

6.1 Rectification or erasure of data, or restriction of processing

Pursuant to Article 16 GDPR, you have the right to have personal data rectified if this is not (or no longer) accurate, or to have it completed should it be incomplete.

You may demand erasure of your personal data, subject to the conditions set out in Article 17 GDPR. Your right to erasure is conditional, for example, upon whether we require the data concerning yourself for compliance with a legal obligation. Subject to the conditions stipulated in Article 18 GDPR, you have the right to demand a restriction of the processing of data concerning yourself.

6.2 Data portability

Pursuant to Article 20 GDPR, you have the right to receive the personal data concerning yourself, which you have provided to us, in a structured, commonly used and machine-readable format, and to have this data transmitted to another controller without hindrance from ourselves. In exercising this right, you also have the right to have the personal data concerning yourself transmitted directly to another data controller, where technically feasible.

6.3 Right to object to processing

Pursuant to Article 21 GDPR, you have the right to object, on grounds relating to your particular situation, to processing of personal data concerning yourself – provided that data processing takes place in the public interest, or based on a balancing of interests. To the extent that we process your personal data on the grounds of a balancing of interests, whilst we generally believe that we are able to provide evidence of compelling and legitimate grounds, we will of course examine the merits of each individual case.

6.4 Right to Information

Pursuant to Art. 15 GDPR and Section 34 BDSG, we will be happy to provide you with information about the data we have stored about you on request, including information about its origin and recipients and the purpose of storing this information.

6.5 Right of Withdrawal

You may withdraw your consent to the use of your personal data pursuant to Art. 7 (3) GDPR and Section 36 BDSG at any time with future effect. Further information about your right of withdrawal and its handling by MOBOTIX is found on the following page: https://www.mobotix.com/en/declaration-of-withdrawal

6.6 Right to complain

You have the right to communicate with the responsible data protection supervisory authority, and to lodge a complaint with that authority if appropriate.

The supervisory authority responsible for MOBOTIX is: Der Landesbeauftragte für den Datenschutz und die Informationsfreiheit Rheinland-Pfalz, Hintere Bleiche 34, 55116 Mainz

Before you contact with the data protection supervisory authority, we would appreciate if you get in touch with our data protection officer to discuss the issue. See his contact details below.

6.7 Your rights under the California Consumer Privacy Act  

Below please find further information to you, in case the California Consumer Privacy Act applies to you.

(a) Right to Request Access to or Deletion of Personal Information. You may have the right under the California Consumer Privacy Act to request information about the collection of your personal information by MOBOTIX , or access to or deletion of your personal information. If you wish to do any of these things, please contact dataprotection@mobotix.com. Depending on your data choices, certain services may be limited or unavailable.

(b) No sale of personal information. MOBOTIX will not sell any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.

(c) No Discrimination. MOBOTIX will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.

7 Exercise your Rights, How to Contact our Data Protection Officer

Your trust is important to us. We are therefore happy to answer any questions regarding the processing of your personal data at any time. If you have any questions that are not answered in this privacy notice, if you want to exercise one of the rights set out above, or if you would like more information about a specific aspect, please contact our data protection officer at data-protection@mobotix.com.

Disclaimer

Although we carefully check every link to pages of other Internet content providers, we will not assume responsibility for the contents of other websites. The contents of other content provider’s pages are the sole responsibility of these providers.

Data Protection Statement

MOBOTIX AG take the protection of your data seriously. Our protection measures therefore closely follow the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) in their respective current version. Below we have outlined how we handle your personal data at MOBOTIX AG.

1. Protection Of Your Personal Data

Your personal data is stored by MOBOTIX AG on a server in the Federal Republic of Germany with state-of-the-art protection and is secured against unauthorized access. MOBOTIX AG employees are obligated to maintain confidentiality with regard to personal data.

MOBOTIX AG also provide registration forms on this website that can be used to register for training, events and the like. The input required for this purpose, such as address data, name and contact information of the person registering, is transferred internally by MOBOTIX to the persons responsible for processing and used solely for the intended purpose of processing the registration. The e-mail address and telephone number provided in this context are needed so you can be contacted in case of follow-up questions regarding your registration, and so that we can send you a reservation confirmation and further information about the events.

We have implemented a double opt-in procedure to prevent third parties from registering you for a newsletter via our homepage without your consent. We send an e-mail containing a link to the e-mail address you have specified. By clicking this link, you confirm that you agree to order the specified newsletter. Only then is your subscription active.

Wherever personal data is entered, the corresponding fields must be clicked to confirm that you recognize our Privacy Policy and have been notified of your statutory right to withdrawal according to the legal requirements of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

Without these two confirmations, the input of personal data and therefore the desired registration to a newsletter, event or the like cannot be completed.

MOBOTIX AG will not pass on your personal data to a third party at any time without your express consent, unless

a) passing on this information is necessary in order to implement offers or provide the services you wish to use,

b) a subcontractor which we employ within the framework of providing offers or services requires this data (subcontractors are only entitled to use data insofar as this is necessary for the provision of offers or services. MOBOTIX AG obligates its partners under contract to comply with data protection regulations),

c) an enforceable official or court order exists.

2. Collection Of General Information

The following information will be stored in a log file automatically when you access these webpages: date and time of access, IP address, link opened, information about web browser and operating system, volume of data transferred, error code and user name (in the case of customized access).

This data will also be generated when any other website is visited and is therefore not a special function of our website. Data is stored for security purposes and to improve our offering. This data is evaluated purely for statistical purposes in an anonymized form.

This data is deleted after 14 days.

3. Use Of Cookies And A Web Analysis Service

3.1 Cookies

A cookie is a small text file containing information that enables the identification of recurring visitors to our website. Cookies will be stored on your computer. This makes it possible to adapt our website to your requirements (for example, language, country assignment) and to assign information to the session steps during a session.

Only the cookie on your computer is identified in order to ascertain whether your computer has already accessed our website.

Cookies also offer the option for you, as a user of customized services, not to have to register each time you make use of these. Personal data will not be generated or forwarded in any case, nor will a link to personal data be established.

The use of all our website’s functions requires cookies to be allowed during a session. Current browsers have a security setting which ensures that cookies are deleted automatically at the end of a session.

3.2 Google Analytics

At MOBOTIX AG we take the protection of your personal data extremely seriously and abide by data protection legislation. Some of the data collected when you visit this website will be used for statistical analysis.

3.2.1 Data Collected For Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies” – text files stored on your computer – for the purpose of analyzing the way you use the website. The information about your use of the website generated by the cookie is generally transferred to a Google server in the U.S., where it is stored. If IP anonymization is activated on this website, your IP address within member states of the European Union or other states in the European Economic Area is first shortened by Google. Only in exceptional cases is the full IP address transmitted to a Google server in the U.S. and shortened there. By order of the website operator, Google uses this information to evaluate your use of the website, compile reports about website activities and offer additional services to the website operator related to the use of the website and the Internet. The IP address transmitted by your browser within the framework of Google Analytics is not combined with other data by Google. You can prevent the storage of cookies by configuring the settings of your browser software accordingly. However, please note that it may not be possible to fully use all functions of this website in that case. You can also prevent the capture of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

You can prevent capture by Google Analytics by clicking the following link. This sets an opt-out cookie that prevents the future capture of your data when you visit this website:

Deactivate Google Analytics

More information about terms of use and data protection is available at http://www.google.com/analytics/terms and https://policies.google.com/?hl=en. Please note that Google Analytics has been extended with the code “anonymizeIp” on this website to ensure the anonymized recording of IP addresses (IP masking).

3.3 LinkedIn Insight Tag

The LinkedIn Insight tag allows to collect data about visits to the website from LinkedIN, including URL, referrer URL, IP address, device and browser properties, timestamps, and page views. These data are encrypted by LinkedIN, anonymised within seven days and the anonymized data is deleted within 90 days. LinkedIn does not share personally identifiable information with the owner of the website, but only provides aggregated reports about the website's audience and display performance. LinkedIn also provides web site visitor retargeting so that the owner of the website can use this data to display targeted advertising outside his or her website without the member being identified. LinkedIn members can control the use of their personal information for advertising purposes in their account settings.

4. Use Of Social Media Platforms

MOBOTIX AG not only make information available on their own website, but also on social media platforms such as Facebook, Twitter, YouTube, LinkedIn and similar. Likes or similar may be assigned to pages or individual articles on these platforms. The input of personal data is not intended. Furthermore, MOBOTIX do not transmit or evaluate any personal information such as user-specific statistics.

5. Right To Information

Pursuant to Art. 15 GDPR and Section 34 BDSG, we will be happy to provide you with information about the data we have stored about you on request, including information about its origin and recipients and the purpose of storing this information.

6. Miscellaneous

MOBOTIX AG will need to adapt this Privacy Policy from time to time in consideration of applicable legal requirements regarding data protection. Always make sure that you have read the latest version.

If MOBOTIX AG commission partner companies to perform specific services, data protection regulations will be transferred to the contracts with these partners and the partners will be obligated to comply with data protection.

Your trust is important to us. We are therefore happy to answer any questions regarding the processing of your personal data at any time. If you have any questions that are not answered in this Privacy Policy or if you would like more information about a specific aspect, please contact our data protection officer at data-protection@mobotix.com.

7. Customer Portal

Insofar as you use our customer portal, we store the data collected there for our own purposes and for dissemination to selected sales partners within the framework of the MOBOTIX partner program.

8. Right Of Withdrawal

You may withdraw your consent to the use of your personal data pursuant to Art. 7 (3) GDPR and Section 36 BDSG at any time with future effect. Further information about your right of withdrawal and its handling by MOBOTIX AG is found on the following page: https://www.mobotix.com/en/node/10078

9. California Consumer Privacy Act Disclosures

Right to Request Access to or Deletion of Personal Information: You may have the right under the California Consumer Privacy Act to request information about the collection of your personal information by MOBOTIX, or access to or deletion of your personal information. If you wish to do any of these things, please contact dataprotection@mobotix.com. Depending on your data choices, certain services may be limited or unavailable.

No sale of personal information. MOBOTIX will not sell any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.

No Discrimination. MOBOTIX will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.