Privacy Statement for OMICRON Software Products

1 Scope and Field of Application

With this Privacy Statement (“Statement”) OMICRON informs you about the processing of your Personal Data while using OMICRON software tools and the rights you are entitled to under applicable data protection laws.

This Privacy Statement is applicable for the following software tools:

  • Primary Test Manager (“PTM”) and the mobile Application PTMate (“PTMate”)
  • CMC Swift Application (“CMC Swift”)
  • ARCO Control Application (“ARCO Control”)
  • CMControl P Application (“CMControl P”)
  • CMControl R Application (“CMControl R”)
  •  

“PTM”, “PTMate”, “CMC Swift”, “ARCO Control”, “CMControl P”, and “CMControl R” are hereinafter individ-ually referred to as “Application” or together as “Applications”.

The processing of your Personal Data when using the Applications is in compliance with applicable data protection laws, including the European General Data Protection Regulation (GDPR) and in addition to any local data protection laws.

This Statement applies in addition to the general Privacy Statement of OMICRON, available at https://www.omicronenergy.com/en/privacy-statement/
 

2 Data Controller and Contact Details

Your contact and so-called controller (in the meaning of the GDPR) for the processing your personal data when using the Applications is:

OMICRON electronics GmbH
Oberes Ried 1
6833 Klaus
Österreich

In case of questions regarding data protection, you may contact the responsible person for data protection at OMICRON available at +43 59495 or info@omicronenergy.com.

3 Processing of Personal Data through Applications

We understand the term “Personal Data” in the sense of the European General Data Protection Regulation (GDPR), i.e. any information relating to an identified or by means of available neutral information identifiable natural person.

3.1 From where does OMICRON receive Personal Data?

Unless stated differently, Applications only process Personal Data which is directly provided/uploaded by the user when using Application. This includes:

  • ­Address information
  • ­Contact information (name, phone number)
  • ­Attachments as uploaded by the user (images, etc.)
  •  

As all Applications run “on premise” servers of the user directly (exception is the cloud based PTM version, for which separate agreements are in place), OMICRON has no control over or access to any Personal Data uploaded by the user unless the user intentionally shares the data with OMICRON.

In case problems occur in connection with an Application, a possibility to directly “Contact Technical Sup-port” is included. If a user selects this option, the Application creates a zip-file containing log-files of the Ap-plication and other OMICRON products (including certain hardware, firewall and database information) on your local computer, which can be sent thereafter via e-mail to the technical support team of OMICRON to support user’s requests.

3.2 Why does OMICRON process your Personal Data?

   a)    Customer and business partner management (including maintenance of contact details, endorsement of active interaction and knowledge exchange, and improvement of communication);
   b)    Order handling and contract fulfilment (including contract initiation, execution, billing and after-sales services and obligations such as warranty services);
   c)    Provision of support services;
   d)    Compliance with legal obligations;
   e)    Enforcement of and defense against legal claims resulting out of or in connection with our business re-lation;
   f)    Controlling and Reporting;
   g)    Evaluation of usability and improvement potential of our product performance.

3.3 Why is OMICRON allowed to process your Personal Data?

We process Your Personal Data based on the following legal reasons:

3.3.1. Data Processing necessary for the fulfilment of (pre-)contractual obligations

Data processing according to purposes 3.2.a) to 3.2.c)

The data you have provided are required for the performance of a contract, e.g. provide support ser-vices, or to take steps prior to entering into a contract. Without these data, we cannot fulfil the con-tract with you.

3.3.2. Data Processing necessary for compliance with our legal obligations

Data processing according to purpose 3.2.d)

Data processing according to this purpose is necessary for compliance with legal obligations such as documentation, disclosure, notification and export control obligations.

3.3.3. Data Processing necessary for the protection of OMICRON’s legitimate interests

Data processing according to purposes 3.2.e) to 3.2.g)

The processing of your Personal Data for these purposes is based on our legitimate interest to 

  • secure enforcement of and defense against any claims in relation to the contractual performance of OMICRON;
  • compile our internal cost and performance calculation, controlling and internal reporting to assess past, current and future business,
  • enhance and secure Application performance.
  •  

3.3.4. Data Processing according to Your consent

Additional data and data processing not necessary for purposes 3.3.1 – 3.3.3

If you provide us with Personal Data not required for the aforementioned purposes, we process such data only according to your provided consent. 

3.4 Disclosure: To whom does OMICRON forward your Personal Data?

To ensure security and efficiency of the working environment, OMICRON may use third parties such as IT service providers, data centers, databases, consultants or other IT services. If OMICRON discloses Per-sonal Data to so-called data processors, OMICRON ensures to have written agreements in place with all service providers which contain at least the minimum requirements as per applicable data protection laws. Data transfers outside the European Union are only authorized in case appropriate or suitable safeguards comparable to European data protection laws are ensured.

Except as for cases already stated in this Statement, OMICRON only discloses Personal Data if the user has explicitly provided its consent, or the disclosure is necessary to exercise or defend legal claims, or OMICRON is legally obliged to do so or required for the processing of the contractual relationship with you. The latter is the case when you have ordered the “PTM DataSync WEB License”, where data (including Personal Data) generated through PTM is hosted through a Microsoft Azure cloud-based service (more privacy information regarding Microsoft Azure can be found at https://privacy.microsoft.com/en-us/PrivacyStatement).

3.5 Retention Period: How long does OMICORN store Your Personal Data?

OMICRON does not store your Personal Data longer than reasonably necessary to fulfil the purposes indi-cated in this Statement or allowed by applicable law. In any case, OMICRON stores your Personal Data based on the statutory storage obligations and periods or for periods where potential claims have not be-come statue barred. OMICRON may store your Personal Data longer than the retention period if and as long as this is needed for the enforcement and defense of specific legal claims.

4 Processing of other, non-personal data

Bug Reports and Statistics

In its Applications, OMICRON uses Microsoft Visual Studio App Center, a service offered by a Microsoft Corporation company (One Microsoft Way, Redmond, WA 98052-6399, USA) to collect technical infor-mation such as bug and crash reports in order to obtain information about malfunctions within the Applica-tion and to provide improvements and bug fixes. These reports only contain anonymous information about the crash constellation, including the time of the malfunction, the Application version used, loaded software libraries and information about the device (no device identification numbers).

Customer Experience Improvement Program (CEIP)

OMICRON further uses Microsoft Application Insight services. Through this service, OMICRON collects technical information about the usage of the Application including anonymized IP addresses, geo-locations (IP-based), language settings, anonymized usernames, and used filenames. All statistics generated through this tool are based on anonymous data, which do not allow OMICRON any identification of the respective user. These statistics help us to assess the usage and requirements of our Applications and to identify and fix Application bugs quicker.

This data processing is based on the legitimate interest of OMICRON to continuously improve the software solutions provided. However, if you do not want to participate in this program, you can simply opt-out by deactivating sending CEIP data in the Application settings.

Location Data

While using PTM on a user device, location information generated directly by the user’s operating system can be added by the user to mark grounding system measurement locations conducted through PTM.

A similar location tracking feature to support grounding system testing is provided to the user while using PTMate. Upon user’s manual activation of this location tracking feature, the GPS infrastructure of the user’s mobile device will share user’s GPS location data via Bluetooth LE in the background of the mobile applica-tion (even when the app is closed or not in use) with the connected PTM software. As both, PTM and PTMate run on user’s own system infrastructure, location data will not be shared with OMICRON or any other third party.
 

5 Data Security

We make all commercially reasonable efforts to protect your data against loss and unauthorized access. To this end, we employ state of the art information security techniques and measures. Access to customer information is limited to those OMICRON employees who have a legitimate business need to know the in-formation. 

6 Your Rights

Data protection laws provide you with the following rights:
   (i)    Receive information on which Personal Data is stored and receive copies from Personal Data;
   (ii)    Request rectification and erasure if Personal Data is not correct or not processed lawfully;
   (iii)    Request restriction of processing Personal Data;
   (iv)    Request data portability under certain circumstances;
   (v)    Object to processing of Personal Data for the future under certain circumstances (e.g. if data processing is based on your consent).

If you would like to exercise any of these rights, please contact OMICRON using the contact information provided in this Statement. In addition, you have the right to file a complaint with the competent supervisory authority (for Austria the responsible authority is the “Österreichische Datenschutzbehörde”).
 

7 Changes to this Privacy Statement

OMICRON reserves the right to update this Statement from time to time, for example if OMICRON makes relevant changes to the Applications or there is a change in the legal or regulatory requirements.

Last amended: July 2023
 

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