2.9.5 Other cases of balancing of interest (art. 6(1)(f) GDPR)
We may also use your data on the basis of a balancing of interest for the protection of our legitimate, usually economic interests or those of third parties; if possible, we process data pseudonymised or anonymised. This is done for the following purposes:
- Monitoring and improving the effectiveness and legal security of business processes
- Credit assessments
- Monitoring, optimising and further developing services and products
- Carrying out promotions (e.g. postal advertising, re-targeting), market and opinion research
- Asserting legal claims and defence in legal disputes
- Identifying, preventing and solving crimes
- Safeguarding the security and operating ability of our IT systems
2.10. Advertising to existing customers
If you have concluded a contract with us, we will regard you as an existing customer. In this case, we will process your contact data without your specific consent in order to send you information about new products and services. We will process your e-mail address without your specific consent in order to send you information about our own similar products. The legal basis for this is set out in art. 6(1)(f) GDPR. You may object to this use at any time. To ensure that you only receive promotional information that is deemed to be of interest to you, we will categorise and add further information to your customer profile. Statistical information as well as information about you (e.g. basic data of your customer profile) is used for this purpose. The aim is to send you advertising that is geared solely to your actual or perceived needs and, accordingly, not to bother you with useless advertising.
You can object to data processing for the aforementioned purposes at any time, free of charge and with effect for the future. To do so, simply send an e-mail to the above contact details.
If you object, the contact address concerned will be blocked for further data processing for advertising purposes. We would like to point out that in exceptional cases, advertising material may still be sent temporarily after receipt of your objection. Technically, this is due to the necessary lead time for advertising and does not mean that we will not honour your objection.
2.11. Fulfilling other legal obligations (art. 6(1)(c) GDPR)
We are subject to various legal obligations, e.g. legal retention requirements regarding business documentation as well as export regulations.
2.12. Why do we need this data for your enquiry?
A personal touch is our top priority when it comes to our service. It is important for us to address you personally when presenting our products. This is why we need your first and last name. Providing your telephone number enables us to contact you directly, and to answer initial queries immediately. Furthermore, we offer our products and related services exclusively to companies. By providing your company name, we can confirm this is the case and prepare our communication with you to best effect.
3. Disclosure of your data
Insofar as external service providers are used (hosting providers, application management, shipping service provider, etc.) to operate this website or to provide services via a Testo Group company, or another Testo Group company is responsible for the processing, the companies concerned receive the access to your data only to the extent necessary for the fulfilment of their respective tasks and functions.
Insofar as these service providers and Testo Group companies process their data outside the European Union, this can lead to your data being transmitted to a country which does not offer the same data protection standards as the European Union.
In this case, we will ensure that the respective recipients of your data contractually (standard contractual clauses) or otherwise guarantee a level of data protection that is equivalent to that of the European Union. You will be provided with a copy of these standard contractual clauses by sending a request to firstname.lastname@example.org. You can also obtain more information about the international component of data protection from the European Commission.
You can deactivate the option to store these cookies at any time in the system settings of your browser and delete existing cookies. Every user can also view the website without cookies. If you do not accept any cookies, this can, however, lead to a restriction in the functionality of our website.
The legal basis for the data processing described in the following section is art. 6(1)(1)(f) GDPR, based on our legitimate interest to present personalised advertisements to you.
In the following section we would like to explain to you these technologies and the service providers deployed for this purpose in more detail.
The collected data can include the following data, in particular:
- The IP address of the device
- The date and time of the access
- The identification number of a cookie
- The device identification of mobile devices
- Technical information on the browser and the operating system.
The data collected is, however, stored only pseudonymously so that it is not possible to make any direct conclusions about the individuals.
In the following descriptions of the technologies we use, you will find information on the options for objection regarding our analysis and advertising measures by way of a so-called opt-out cookie. Please note that after the deletion of all cookies in your browser or the later use of another browser and/or profile, another opt-out cookie must be placed.
Below, are the options for objection regarding your analysis and advertising measures. Alternatively, you can raise your objection via corresponding settings on the websites Truste, NAI, DAA or Your Online Choices, where options for objecting are provided by many advertisers combined. This page permits the listed service providers to deactivate all advertisements at once, by way of opt-out cookies or, alternatively, to handle the setting for each provider individually.
5.1 Google (Universal) Analytics
Google will process the information obtained by the cookies to evaluate your use of the website, to compile reports on the website activities for the website operators, and to provide other services connected to the website use and internet usage.
Google Analytics cookies are stored on the basis of art. 6(1)(f) GDPR. The website operator has a legitimate interest in analysing the user habits to optimise its website as well as its advertising.
5.2 Google Optimizer
Testo uses the “Google Optimizer” service. Google Optimizer allows us to track the effects of various changes to a website (e.g. changes to the input fields, design) within the framework of so-called “A/B testing”. Cookies are placed on users’ devices for these test purposes. Only pseudonymous user data is processed.
5.3 Google AdWords Conversion Tracking and Remarketing
If you are using a Google account, depending on the settings in the Google account, Google is able to link your web and app browser history with your Google account and use information from your Google account to personalise advertisements. If you do not want such a link to your Google account to be made, you need to log out of Google before calling up our contact page.
5.4 LinkedIn Conversion Tracking
We use the re-targeting-tool LinkedIn Conversion Tracking of LinkedIn Ireland, Wilton Plaza, Wilton Place, Dublin 2, Ireland (»LinkedIn«). For this purpose, the LinkedIn Insight Tag is integrated in the website of Testo, enabling LinkedIn to collect statistical, pseudonym data about your visit to and use of our website and to provide us with corresponding aggregated statistics on this basis. Furthermore, this information assists in facilitating the advertising of offers and recommendations tailored to your interests. You can prevent the storage of cookies via a browser setting. Alternatively, you can object to this form of data processing by setting an opt-out cookie via the following link; this cookie will remain on your device until you delete the cookies. This option is available to LinkedIn members as well as to non-members.
Further information to this can also be found in the data protection provisions of LinkedIn.
6. Use of functions of further providers
6.1. Conversion measuring and website customer audiences using the Facebook pixel
We use the Facebook pixel or visitor promotion pixel of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (hereinafter: Facebook) on our websites. By calling-up this pixel via your browser, Facebook can subsequently see if a Facebook advertisement was successful. For example, this is the case when a purchase has been made on a website. For this purpose, we receive exclusively statistical and anonymised data from Facebook, without reference to a specific person. This enables us to record the effectiveness of Facebook advertisements for statistical and market research purposes and to improve our services.
We also use the Facebook pixel for the “Website Custom Audiences” function. We would like to point out that, as provider of the websites, we do not have any knowledge of the content of the transmitted data or its utilisation by Facebook. We can merely choose which segment of Facebook users (such as age, interests) should be shown our advertisement. For this purpose, we use one of two Custom Audiences procedures in which no data records, in particular no e-mail addresses of our users – encrypted or unencrypted – are transmitted to Facebook.
Via the pixel graphics, Facebook receives, inter alia, the information from your browser that our page has been retrieved by your terminal. If your browser permits cookies and you are not participating in the opt-out procedure, Facebook creates a cookie to enable it to recognise you . If you are logged into Facebook or log in later, the data can be assigned to your Facebook account, whereby personal data is processed.
In particular, if you are registered with Facebook, we refer you to their data protection information. Please click here, if you would like to revoke your consent to the Facebook pixel.
Facebook pixel is stored on the basis of art. 6(1)(f) GDPR. The website operator has a legitimate interest in inserting offers tailored to the user, against the background of user-relevant advertising.
We use Eloqua to personalise communications with you. When you visit our websites for the first time, a cookie of the third-party provider Oracle (eloqua.com) is stored on your browser. This cookie is used to record the pages you have visited during the session. Even if this cookie is set on other websites, the information on the visit to our websites is only visible to us and is neither shared with Oracle nor with other users of the Eloqua system. Likewise, we are not able to record or see information on your visits to other websites via this cookie.
6.3 Embedded YouTube videos
We have integrated videos in our website, which are stored at YouTube and which can be played directly from our websites. YouTube is a multimedia service of YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA (“YouTube”), a Group company of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The legal basis is art. 6(1)(1)(f) GDPR, based on our legitimate interest in the integration of video and image contents.
When you visit our website, YouTube and Google receive the information that you have retrieved the corresponding subpage of our website. This happens regardless of whether you are logged in to YouTube or Google or not. YouTube and Google use this data for the purposes of advertising, market research and appropriate design of their websites. If you are calling up YouTube on our website while you are logged in to your YouTube or Google profile, YouTube and Google are also able to link this event to the respective profiles. If you do not want such a link to be made, you need to log out of Google before calling up our website.
You can configure your browser as shown above in such a way, that it rejects cookies, or you can prevent the capture of data produced via cookies and related to your use of this website, as well as the processing of such data by Google, by deactivating the button “Ads personalization” in the Google settings for advertising. In this case, Google will only show advertisements that are not personalised.
Further information can be found in the data protection notices by Google, which also apply to YouTube.
YouTube is used in the interest of an appealing presentation of our online websites. This is a legitimate interest in accordance with art. 6(1)(f) GDPR.
6.4. Use of Google Maps
Our website uses the map service Google Maps, by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google“). To ensure that the Google map data used by us can be integrated and shown in your web browser when calling up the contact page, your web browser must connect to a Google server, which may also be located in the USA. Google consequently receives the information that the contact page of our website has been called up by the IP address of your device. The legal basis is art. 6(1)(1)(f) GDPR, based on our legitimate interest in the integration of a map service to establish contact.
If you call up the Google map service on our website while you are logged into your Google profile, Google is also able to link this event to your Google profile. If you do not want this link to your Google profile to be made, you need to log out of Google before calling up our contact page. Google stores your data and uses it for the purposes of advertising, market research and personalised presentation of Google Maps. You can object to the collection of this data by Google.
6.5 Google reCAPTCHA
On this website, we also use the reCAPTCHA function of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). This function is primarily used to distinguish whether an input is made by a natural person or is misused by machine and automated processing.
The service includes sending the IP address to Google and, if applicable, further data required by Google for the reCAPTCHA service; this is governed by art. 6(1)(f) GDPR on the basis of our legitimate interest in establishing individual ownership on the internet and preventing abuse and spam. In the context of using Google reCAPTCHA, personal data may also be transferred to the Google LLC. Server in the USA.
7. When will your data be deleted?
In principle, we store personal data only as long as this is required for the fulfilment of contractual or legal obligations which are the reason for the collection of the data. After that, we delete the data immediately, unless we require the data until the expiry of the legal limitation periods for the purposes of evidence in civil claims or due to statutory retention requirements.
For evidentiary purposes, we have to retain contract data for three years after the end of the year the business relationship with you ends. According to statutory limitation periods, potential claims become time-barred no earlier than at this point in time.
After that, we still have to store part of your data for accounting purposes. We have an obligation to do so on account of legal documentation requirements, which can arise from the German Commercial Code, the Tax Code, the Banking Act, the Money Laundering Act and the Securities Trading Act. The retention periods for documents specified in the above legislation are two to ten years.
8. What are your data protection rights?
You have the right at any time to request information on the processing of your personal data by us. We will explain the data processing to you within the course of providing this information and furnish you with an overview of your stored personal data.
If data stored by us should be incorrect or no longer up to date, you have the right for this data to be corrected.
You can also request the deletion of your data. Should deletion not be possible in exceptional cases due to other legal provisions, the data shall be blocked so that it is only available for this legal purpose.
Furthermore, you can restrict the processing of your data, e.g. if you are of the opinion that the data stored by us is not correct. You also have the right to data portability; in other words, upon your request, we shall forward a digital copy to you containing the personal data that you have provided.
In order to assert the rights described here, you may contact us at any time using the above-mentioned contact details. This also applies if you wish to receive copies of warranties for evidence of a reasonable level of data protection.
Furthermore, you have the right to object to data processing, based on art. 6(1)(e or f) GDPR. Finally, you have the right to lodge a complaint with the data protection supervisory authority responsible for us. You can exercise this right at a supervisory authority in the member state of your residence, your place of employment or the place of the suspected breach. In Baden-Württemberg, the competent supervisory authority is: the State Commissioner for Data Protection and Freedom of Information for Baden-Württemberg, postbox 10 29 32, 70025 Stuttgart, Königstraße 10a, 70173 Stuttgart, Germany.
9. Right of revocation and objection
In accordance with art. 7(3) of the GDPR, you have the right to revoke consent once granted to us at any time. In future, we shall consequently cease to process the data that is the object of the consent. The revocation of the consent does not affect the lawfulness of the processing based on the consent up to the time of the revocation.
Insofar as we process your data on the basis of legitimate interests pursuant to art. 6(1)(1)(f) GDPR, you have the right in accordance with art. 21 GDPR to raise an objection to the processing of your data, insofar as there are grounds for this arising from your particular situation or where the objection is aimed at direct advertising. In the latter case, you have a general right of objection, which we shall implement also without the need for substantiation.
If you wish to use your right to revoke or your right of objection, an informal notification to the above-mentioned contacts is sufficient.
10. Data security
We maintain current technical measures to safeguard data security, in particular, for the protection of your personal data against risks during data transmissions as well as protection against third parties acquiring knowledge of your personal data. These are correspondingly adjusted to the current state of the art. To secure the personal data specified by yourself on our website, we use Transport Layer Security (TLS) which encrypts the information you enter.