Privacy policy | Opinary

Overview

With this Privacy Policy we would like to inform you about how we process personal data and what information is collected when you use our services.
We are aware of the importance of the processing of personal data for the user and accordingly comply with all relevant legal requirements. The protection of your privacy is of utmost importance to us. Please read this entire document to fully understand our actions.

1. Contact and Data Protection Officer

Opinary GmbH
Managing Director Cornelius Frey
Engeldamm 62-64
10179 Berlin
Germany
privacy@opinary.com

We have appointed a Data Protection Officer to help us ensure and enforce our privacy policy:

Eprivacy GmbH represented by Prof. Dr. med. Christoph Bauer
Große Bleiche 21
20354 Hamburg
+49 40 609451 810
info@eprivacy.com

We have further appointed a representative of controllers or processors not established in the UK (Article 27 UK-GDPR):

UK Representative Service for GDPR Ltd.
7 Savoy Court
London WC2R 0EX
United Kingdom
www.eprivacy.eu/en/legal

2. Data Processing by Opinary

We process personal data, for example, when you visit our website, when you contact us, or when you use our tools on publishers’ websites.

2.1 Processing via our Own Online Presence

2.1.1 Visiting our Website

When you access our website, the browser used on your device automatically sends information to the server of our website and temporarily stores it in a so-called log file. The following information is collected without your intervention and stored until it is automatically deleted:

the IP address of your device,
the date and time of access,
the name and URL of the file accessed,
the website/application from which the access was made (referrer URL),
the browser you use and, if applicable, the operating system of your device as well as the name of your access provider.

The legal basis for the processing of the IP address is Article 6 (1) lit. f GDPR. Our legitimate interest follows from the purposes of data collection listed below.

The IP address of your device and the other data listed above are used by us for the following purposes:

ensuring a smooth connection setup,
ensuring a comfortable use of our website/application,
evaluation of system security and stability.

The data is stored for a period of 7 days and then automatically deleted. Furthermore, we use so-called cookies, analysis tools as well as targeting for our website. You can find more details below in section 2.1.2.

2.1.2 Cookies

2.1.2.1 General
In order to make visiting our website more attractive and to enable the use of certain functions, we use so-called cookies on our pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us or our partner companies to recognise your browser on your next visit (so-called long-term cookies). Cookies cannot be used to access other files on your computer or to determine your email address.

The cookies listed in our consent management tool are used on this website.

Insofar as we use cookies that are absolutely necessary for the provision of our websites, the legal basis for the processing of personal data using these cookies is Art. 6 (1) lit. f GDPR.

A processing of personal data by cookies for marketing purposes or for the creation of statistics only takes place if you have given us your consent for this. The legal basis for this is Art. 6 para. 1 lit. a GDPR.

You can revoke your consent at any time without giving reasons by following this link and adjusting the respective categories.

Cookies are stored on your device and you have full control over their use. You can deactivate or restrict the transmission of cookies by changing the settings of your internet browser. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our websites, you may no longer be able to use all the functions of the websites to their full extent.

2.1.2.2 Google Analytics
If you have given your consent, this website uses Google Analytics, a web analytics service provided by Google LLC. The responsible entity for users in the EU/EEA and Switzerland is Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).

Google Analytics uses cookies that enable an analysis of your use of our website. The information collected by means of the cookies about your use of this website is generally transferred to a Google server in the US and stored there.

During your visit to our website, the following data is collected, amongst others:

the pages you visit, your “click path”.
achievement of “website goals” (conversions, e.g. newsletter sign-ups, downloads, purchases)
your user behaviour (e.g. clicks, dwell time, bounce rates)
your approximate location (region)
your IP address (in shortened form)
technical information about your browser and the devices you use (e.g. language setting, screen resolution)
your internet service provider
the referrer URL (website/ad through which you came to this website)

On behalf of Opinary as operator of this website, Google will use this information for the purpose of evaluating your use of it, compiling reports on website activity and providing other services relating to website activity. The reports provided by Google Analytics are used to analyse the performance of our website.

The recipient of the data is Google Ireland Limited as a processor. We have concluded a data processing agreement with Google for this purpose. Google LLC, based in California, USA, and possibly US authorities can access the data stored by Google. A transfer of data to the US is possible.

The data sent by us and linked to cookies are automatically deleted after 14 months. The deletion of data where the retention period has been reached takes place automatically once a month. You can also prevent the storage of cookies by configuring your browser software accordingly. However, if you configure your browser to reject all cookies, functionalities on this and other websites may be restricted.

You can also prevent the collection of data generated by the cookie and relating to your use of the website (including your IP address) by Google, and the processing of this data by Google by

not giving your consent to the setting of the cookie or
downloading and installing a browser add-on to deactivate Google Analytics.

The legal basis for this data processing is your consent pursuant to Art.6 para.1 p.1 lit.a GDPR. You can revoke your consent at any time with effect for the future by checking on your cookie settings and changing your selection there.

For more information on the terms of use of Google Analytics and data protection at Google, please visit https://marketingplatform.google.com/about/analytics/terms/de/ and https://policies.google.com/?hl=de.

2.1.3 Contact
If you contact us e.g. by phone, email, post, by using our contact forms on our website or in any other way with a request or if we contact you, we do process your personal data, e.g. your name, address, telephone number as well as the content of the message. These details are processed for the purpose of being able to handle your request. Your data will only be used to the extent necessary for this purpose. The legal basis for the processing of the data described above is Art. 6 Para. 1 lit. b GDPR, insofar as this is connected with the initiation or fulfilment of a contract with you, or based on Art. 6 Para. 1 lit. f GDPR, as we have a legitimate interest in corresponding with you for business purposes.

Your data will be deleted if it is no longer required for the communication with you and any statutory retention periods have expired.

2.1.4 Webinars
You can register for webinars on our website. For this purpose, the following personal data is required: first name, last name, company, email address, position. We use this data for the implementation of the webinars. The legal basis for this is Art. 6 para. 1 p. 1 lit. b) GDPR. We use the video conferencing communication service Zoom to conduct the webinars. Further information on the processing of personal data at Zoom can be found here.

We also use this data to approach you after those webinars with relevant business offers. The legal basis for this is your consent in accordance with Art. 6 Para. 1 lit. b GDPR. You can revoke this consent at any time with effect for the future. To do so, send an email to privacy@opinary.com.

2.1.5 Case Studies
You can download different case studies from our website. Before the download link is released, the following personal data is requested: first name, last name, company, email address, position. The legal basis for this is our legitimate interest pursuant to Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest is to learn more about our users.

We also use this data to approach you with relevant business offers. The legal basis for this is your consent pursuant to Art. 6 Para. 1 lit. b GDPR. You can revoke this consent at any time with effect for the future. To do so, send an email to privacy@opinary.com.

2.1.6 User Testing
You can apply to participate in our user testing (via our website). If you are selected for such testing, we will approach you in order to have a conversation with you about our polling tools, what you like and what you might change about them. For this purpose, we will process your email address, first name, gender (optional) and documentation of our conversation with you. If you are not selected for a user test, your application details will be deleted after 6 months.

2.1.7 Newsletter
On our website we offer you the possibility to sign up for our newsletter. We want to ensure the authenticity of your email address, so once you sign up for our newsletter an email is sent out to you which includes a link to click and confirm the subscription. Only after the confirmation click is completed will you officially be added to our mailing list. The processing of your electronic contact data at this point is based solely on your consent (Article 6(1)(a) GDPR). You can revoke your consent at any time with effect for the future. All you need to do is send a short note by email to the email address given under 1. or click on the “unsubscribe” button at the end of each newsletter. Insofar as you have provided your name as part of the registration for our newsletter, we process this data on the basis of our legitimate interest (Art. 6 para. 1 lit f GDPR) of personalized content creation.

We use MailChimp as our data processor in order to write and send newsletters. The provider is Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.

MailChimp is a service with which, among other things, the sending of newsletters can be organised and analysed. When you enter data for the purpose of receiving newsletters (e.g. email address), this data is stored on MailChimp’s servers in the US. The basis for the data transfer to the US are EU standard contractual clauses.

With the help of MailChimp, we can analyse our newsletter campaigns. When you open an email sent with MailChimp, a file contained in the email connects to MailChimp’s servers in the US. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked on. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). This information cannot be assigned to the respective newsletter recipient. It is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.

If you do not want any analysis by MailChimp, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. Furthermore, you can also unsubscribe directly on the website.

The data processing is based on your consent (Art. 6 para. 1 lit. a GDPR). You can revoke this consent at any time by unsubscribing from the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation. The data you provide for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted from our servers as well as from the servers of MailChimp after you unsubscribe from the newsletter. For more details, please refer to the data protection provisions of MailChimp at: https://mailchimp.com/legal/terms/.

2.1.8 Comment Function on Our Blog
You can write and publish comments under the blog posts on our website. We request your name or a pseudonym for you to be able to publish your comment. As an option, you can also enter your website. In addition, your IP address and email address will be recorded and queried. We request this information to enable transparent and individual communication between authors and commentators.

The storage of the IP address as well as the email address is necessary in order to be able to defend ourselves against liability claims in case of a possible publication of illegal content. We also need your email address in case we need to contact you if a third party objects to your comment as illegal. In addition, the IP and email address are stored in order to avoid spam. The legal basis for this is Art. 6 Para. 1 S.1 lit. b and f GDPR. The above-mentioned purposes are also our legitimate interest in processing pursuant to Art. 6 (1) sentence 1 lit. f GDPR.

If you want us to delete one of your published comments, please let us know by sending an email to privacy@opinary.com.

2.2 Data Collection and Processing via our Tools that Were Integrated on Publishers’ Websites
Opinary GmbH offers a service that allows users to vote on editorial as well as sponsored polls that were integrated on publisher websites. In such cases, Opinary and its publisher partners share joint responsibility for processing of personal data. We have determined respective roles and responsibilities pursuant to GDPR Art. 26.

In this context, our service automatically stores the user’s IP address as well as a cookie on the user’s computer, which allows us to summarize voting results in a statistically meaningful way and to optimize our service and the information presented in the interests of the user. This cookie is based on a randomized online identifier. The maximum storage period of this information is one year.

The legal basis for the processing of your personal data is your consent, which you have declared to the publisher using their privacy manager/consent management tools.

The data collected will be used, amongst others, for the following purposes:

delivery of sponsored polls and polls for advertising purposes, these are for example paid questions of an advertising partner and marked as such
delivery of editorial polls, these are polls from editorial teams with added content value for the user
prevention of manipulation, this means, for example, that we make sure to only count human votes

If you still wish to opt out, please follow this link: https://compass.pressekompass.net/static/optout.html

2.2.1 Sponsored Polls
Opinary is registered with IAB Europe for TCF v2.0. Our vendor ID is 488.

Opinary further works with partners, e.g. ad tracking companies, in order to help their brands partners to retarget potential clients. We allow our brands partners to add cookie pixels for tracking and potentially further processing purposes. Opinary does not have any control on or stake in the processing of the data through their brand partners.
Through cookies, our brand partners can also connect data from sponsored polls (user ID, poll ID and answer given on that poll) with existing data that they already have about that user.

Our partners for tracking and potential partners include:

Partner Name (Link to imprint)	Opt-Out (acc. to Art. 21 (2) GDPR)	Privacy Policy
1plusX AG	youronlinechoices	Link
emetriq GmbH	Opt-Out-Link	Link
Eyeota Pte Ltd	Opt-Out-Link	Link
Google Inc.	Opt-Out-Plugin	Link
Meta Platforms, Inc.	youronlinechoices	Link
ORACLE Deutschland B.V. & Co. KG	youronlinechoices	Link
Semasio GmbH	Opt-Out-Site	Link
The ADEX GmbH	Opt-Out-Link	Link
Flashtalking	Opt-Out	Link
Meetrics	Opt-Out	Link
AdClear	Opt-Out	Link
The Trade Desk	Opt-Out	Link
adform	Opt-Out	Link
Criteo	Opt-Out	Link
IAS	Opt-Out	Link
Sizmek	Opt-Out	Link
Outbrain Amplify	Opt-Out	Link
Rubicon	Opt-Out	Link
YieldLab	Opt-Out	Link
Teads	Opt-Out	Link
PubMatic	Opt-Out	Link
Adobe Audience Manager	Opt-Out	Link
ADITION technologies AG	Opt-Out	Link
Doubleverify	Opt-Out	Link
AdRoll Roundtrip	Opt-Out	Link
Open X	Opt-Out	Link
Taboola	Opt-Out	Link
Quantcast	Opt-Out	Link
Smart AdServer	Opt-Out	Link

Setting our Opinary Opt-out cookie does not impact the functionalities of our partners’ cookies.

Social Media

2.3.1 Twitter
When you visit Twitter, your profile information as well as information about the visit is processed by Twitter Inc, One Cumberland Place, Fenian Street, Dublin 2, Ireland (hereinafter “Twitter”). Data is also processed if you do not have a Twitter account or are not logged in. You can find all further information in Twitter’s Privacy Policy.

We process the data of visitors to our Twitter profile, in particular information about user interactions (e.g. likes, retweets and comments), public profile information, statistical data as well as the data transmitted to us in the context of messages and comments.

The use of your personal data for advertising purposes is mostly relevant to Twitter. We only use Twitter’s statistics function to obtain information about our profile and its users. This data provides us with information about visits to our profile, mentions of our Twitter handle and the growth of our account. However, this data is purely statistical for us and we are not able to assign it to individual persons.

The processing of personal data of visitors to our Twitter profile is based on our legitimate interest pursuant to Art. 6 (1) lit. f GDPR. Our legitimate interest is to ensure communication with our customers and to inform them about news related to our products.

We would like to point out that when using social platforms and networks data may under certain circumstances be processed outside the European Economic Area. In these cases, we ensure that an appropriate level of data protection comparable to the standards within the EU is established at the recipient before transferring your personal data. This can be achieved, for example, via EU standard contractual clauses or Binding Corporate Rules or special agreements.

We process your data on our systems insofar as this is necessary to fulfil the above-mentioned purposes or statutory retention obligations exist. After expiry of these periods, your data will be deleted immediately.

2.3.2 Instagram
When visiting Instagram, your profile information as well as information about the visit will be processed by Meta Platforms Ireland Limited, 4 Grand Canal Square , Grand Canal Harbour, Dublin, Ireland (hereinafter “Meta Platforms Ireland”). Data is also processed if you do not have an Instagram account or are not logged in. For all further information, please refer to Instagram’s privacy policy.

We process the data of visitors to our profile, in particular information about user interactions (e.g. likes and comments), public profile information, demographic and statistical data, as well as the data transmitted to us in the context of messages and comments.

The use of your personal data for advertising purposes is mostly relevant to Meta. We only use the statistics function to learn more about the visitors to our profile. Demographic and statistical data within the framework of so-called “Insights” data help us to adapt our content to the respective target group. For us, this is aggregated data; we are not able to relate it to individuals.

The processing of personal data of visitors to our Instagram account is based on our legitimate interest pursuant to Art. 6 (1) lit. f GDPR. Our legitimate interest is to ensure communication with our customers and to inform them about news related to our products.

You can object to data processing by Instagram here.

2.3.3 LinkedIn
When visiting LinkedIn, your profile information as well as information about the visit is processed by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland (hereinafter “LinkedIn”). Data is also processed if you do not have a LinkedIn account or are not logged in. You can find further information in LinkedIn’s privacy policy.

We process the data of visitors to our profile, in particular information about user interactions (e.g. “Like”, reactions, sharing and comments), public profile information (e.g. position, employer), statistical data as well as the data transmitted to us in the context of messages and comments.

The use of your personal data for advertising purposes is mostly relevant to LinkedIn. We only use the statistics function to obtain information about our profile and the interaction of users with it. This data provides us with information about visits to our profile, demographic data on followers and visitors or information about the performance of updates. However, all of this data is purely statistical for us and we are not able to assign it to individual persons.

The processing of personal data of visitors to our LinkedIn profile is based on our legitimate interest pursuant to Art. 6 (1) lit. f GDPR. Our legitimate interest is to ensure communication with our customers, to present our company as an employer and to provide information about news from our company. You can object to data processing by LinkedIn here.

Otherwise, data will only be transferred if this is necessary to fulfil the above-mentioned purposes, for example in the context of the management of our channel by an appropriately commissioned agency.

2.3.4 Facebook
When you visit our Facebook fan page, your profile information and information about the visit are processed by Meta Platforms Ireland Limited, 4 Grand Canal Square , Grand Canal Harbour, Dublin, Ireland (hereinafter “Meta Platforms Ireland”). Data is also processed if you do not have a Facebook account or are not logged in. You can find all further information on Facebook’s Privacy Policy.

We process the data of visitors to our fan page, in particular information about user interactions (e.g. likes and comments), public profile information, demographic and statistical data as well as the data transmitted to us in the context of messages and comments.

According to the European Court of Justice (ECJ), we as the operator of a fan page are jointly responsible with Meta Platforms Ireland for the processing of your personal data. The ECJ court ruling from June 5th, 2018 can be found here, the ruling from July 29th, 2019 can be found here. The joint controllership concerns in particular the use of the “Facebook Insights” function, more precisely the collection, storage and further processing of the Insights data. Meta Platforms Ireland is responsible for the collection and storage of the data. Opinary only receives anonymised evaluations of the Insights data. Our company does not make any decisions about the processing of Insights data.

The use of your personal data for advertising purposes is mostly relevant to Meta. We use the statistics function to learn more about the visitors to our fan page. The use of this function enables us to adapt our content to the respective target group. In this way, we also use demographic information on the age and origin of the users, although it is not possible for us to make any personal reference here.

The parties have concluded an agreement on joint responsibility (https://www.facebook.com/legal/terms/page_controller_addendum). For the processing of Insights data, it has been agreed that Meta Platforms Ireland will assume the obligation to safeguard the rights of the data subject and the necessary information obligations pursuant to Articles 13 and 14 of the GDPR. Data protection rights can be asserted both with Meta Platforms Ireland and with Opinary. We will forward all requests from data subjects concerning processing operations for which Meta Platforms Ireland is responsible to Meta Platforms Ireland for processing.

The processing of personal data of visitors to our Facebook fan page is based on our legitimate interest pursuant to Art. 6 (1) lit. f GDPR. Our legitimate interest is to ensure communication with our customers and to inform them about news related to our products.

You can object to data processing by Facebook here.

Otherwise, data will only be transferred if this is necessary to fulfil the above-mentioned purposes.

3. Data Transfer to Third Countries

As a matter of principle, your personal data will not be transferred to third parties unless we are legally obliged to do so, or the transfer of data is necessary for the implementation of our contractual relationship, or you have previously expressly consented to the transfer of your data.

External service providers or subcontracted processors such as server providers may receive your personal data. In these cases, however, the scope of the transmitted data is limited to the necessary minimum. Insofar as subcontractors process your personal data on our behalf, we ensure compliance pursuant to Art. 28 GDPR. The respective subcontractor is responsible for the content of third-party services, though we check them for compliance with regards to legal requirements within the scope of reasonableness.

We attach importance to processing your data within the EU / EEA. However, it may happen that we use service providers who process data outside the EU / EEA. In these cases, we ensure an adequate level of data protection comparable to the standards within the EU. This can be achieved, for example, via EU standard contractual clauses or Binding Corporate Rules or special agreements.

Our current subcontractors include:

Google Cloud Project as cloud provider. Data processing takes place in the EU. You can find more information about Google Cloud and GDPR following this link.
Xandr as AdSever and DSP. You can find their Privacy Policy following this link.

4. Your Rights

4.1 Overview

You have the right to withdraw your consent at any time. You are entitled to the following further rights if the respective legal requirements are met:

Right of access to personal data stored by us ( Art. 15 GDPR),
Right to rectify inaccurate personal data or right to have incomplete personal data completed (Art. 16 GDPR),
Right to erasure of personal data stored by us (Art. 17 GDOR) if no overriding legal or contractual grounds for the processing apply,
Right to restriction of processing of your personal data ( Art. 18 GDPR),
Right to data portability (Art. 20 GDPR)
Right to lodge a complaint with a supervisory authority (Art.77 GDPR)

4.2 Right to object
Pursuant to Article 21(1) GDPR, the data subject has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her

The above-mentioned general right to object applies to all processing purposes described in this privacy policy which are based on Article 6(1)(f) GDPR. In contrast to the specific right to object to data processing for advertising purposes, we are only obliged to follow the general right to object if you provide us with reasons of overriding importance for doing so.

5. Status of this Privacy Policy

We reserve the right to change this Privacy Policy at any time with future effect. You will always find the current version on this website. You should therefore visit this website regularly to find out about the current status of our privacy policy.