MOWA
Data protection
Data protection
We are delighted about your interest in our company. The MOWA Healthcare AG management attaches great importance to data protection. It is possible to use the MOWA Healthcare AG website without providing any personal data. However, if a person concerned wishes to make use of special services offered by our company via our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned is always carried out in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to MOWA Healthcare AG. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration informs affected persons about their rights.
MOWA Healthcare AG, as the person responsible for processing, has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as comprehensively as possible. Nevertheless, internet-based data transmissions can commonly have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned is always carried out in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to MOWA Healthcare AG. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration informs affected persons about their rights.
MOWA Healthcare AG, as the person responsible for processing, has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as comprehensively as possible. Nevertheless, internet-based data transmissions can commonly have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The data protection declaration of MOWA Healthcare AG is based on the terminology used by the European legislator for directives and regulations when the Basic Data Protection Regulations (DS-GVO) were issued. Our data protection declaration should be easy to read and understandable for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
a) Personal data
Personal data means any information relating to an identified or identifiable person (hereinafter referred to as a "data subject"). An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, on-line identification, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
(b) The person concerned
Data subject means any identified or identifiable person whose personal data are processed by the controller.
(c) Processing
Processing is any operation or set of operations, performed with or without the aid of automated means, which is performed upon personal data, such as collection, recording, organisation, arrangement, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, comparison or connection, restriction, deletion or destruction.
(d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
(e) Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that person.
(f) Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable person.
(g) Responsible person or data controller
The responsible person or data controller is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by European Union or national law, provision may be made for the controller or for the specific criteria for his or her designation in accordance with European Union or national law.
(h) Processor
The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
(i) Recipient
The recipient is any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which might receive personal data in the context of a specific investigation mandate under European Union or national law shall not be considered as recipients.
(j) Third parties
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
(k) Consent
Consent shall mean any freely given and informed unequivocal expression of the data subject's wishes in the specific case, in the form of a statement or any other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. The name and address of the controller
The person responsible within the meaning of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is the:
MOWA Healthcare AG
Schöngrünstrasse 35
4500 Solothurn
Switzerland
e-mail:This email address is being protected from spambots. You need JavaScript enabled to view it.
website: www.mowa.com
3. Cookies
The internet pages of MOWA Healthcare AG use cookies. Cookies are text files which are stored on a computer system via an internet browser. Numerous internet pages and servers use cookies. Many cookies contain a what is known as a cookie ID. A cookie ID is a unique identification of the cookie. It consists of a string of characters that can be used to assign internet pages and servers to the specific internet browser in which the cookie was stored. This enables the internet pages and servers visited to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified by means of the unique cookie ID.
By using cookies, MOWA Healthcare AG can provide users of this website with more user-friendly services which would not be possible without the setting of cookies.
By means of a cookie, the information and offers on our website can be optimized for the user. As mentioned above, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in the online shop. The online shop uses a cookie to remember the articles that a customer has placed in the virtual shopping cart.
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the internet browser used, it is possible that not all functions of our website can be fully used.
4. Collection of general data and information
The website of MOWA Healthcare AG collects general data and information every time the website is accessed by a person concerned or by an automated system. This general data and information is stored in the log files of the server. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (known as a referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of access to the internet site, (6) an Internet Protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information which serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, MOWA Healthcare AG will not draw any conclusions about the person concerned. Rather, this information is required in order (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for it, (3) to guarantee the permanent functionality of our information technology systems and the technology of our website and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber- attack. These anonymously collected data and information are therefore statistically evaluated by MOWA Healthcare AG on the one hand and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. Subscription to Newsletter
On the MOWA Healthcare AG website, users are given the opportunity to subscribe to our company's newsletter. What personal data is transmitted to the person responsible for processing when ordering the newsletter can be seen from the input mask used for this purpose.
MOWA Healthcare AG informs its customers and business partners at regular intervals by means of a newsletter about company offers. In principle, the newsletter of our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address first registered by a data subject for newsletter dispatch using the double opt-in procedure. This confirmation e-mail is used to check whether the owner of the e-mail address, as the data subject, has authorized the receipt of the newsletter.
When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves to provide legal protection for the person responsible for processing.
The personal data collected during registration for the newsletter is used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as there could be the case that there are changes to the newsletter offer or if technical conditions change. The personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service, can be revoked at any time. For the purpose of revoking this consent, a corresponding link can be found in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the data controller by other means.
6. Contact possibility via the internet site
Due to legal regulations, the website of MOWA Healthcare AG contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for what is known as electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted by a data subject to the controller on a voluntary basis are stored for the purposes of processing or for contacting the data subject. Such personal data shall not be disclosed to third parties.
7. Routine deletion and blocking of personal data
The controller shall process and store personal data relating to the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directives and Regulatory Authority or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
8. Rights of the data subject
(a) Right to confirmation
Every data subject has the right, granted by the European Directive and Regulation, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
(b) Right to information
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain, at any time and free of charge from the data controller, information on personal data relating to him/her and a copy thereof. Furthermore, the European Directive and Regulation maker has granted the data subject access to the following information:
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
(c) Right of rectification
Any person affected by the processing of personal data has the right, granted by the European legislator, to request the correction without delay of inaccurate personal data concerning him. The data subject shall also have the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of correction, he or she may at any time contact an employee of the controller.
(d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate deletion of personal data relating to him/her, if one of the following reasons applies and provided that the processing is not necessary:
If the personal data has been made public by MOWA Healthcare AG and our company, as the person responsible, is obliged to delete the personal data in accordance with Art. 17 Para. 1 GDPR, MOWA Healthcare AG will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested these other persons responsible for data processing to delete all links to the personal data or copies or replications of the personal data, insofar as the processing is not necessary. An employee of MOWA Healthcare AG will take the necessary steps in individual cases.
e) Right to restrict processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the restriction of processing if one of the following conditions is met:
f) Right to data transferability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been made available to a controller by the data subject in a structured, common and machine-readable format. He or she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and that the processing is carried out by means of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising their right to data transfer pursuant to Art. 20 para. 1 GDPR, the data subject has the right to request that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
To assert the right to data transfer, the person concerned can contact an employee of MOWA Healthcare AG at any time.
(g) Right of appeal
Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out pursuant to Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, MOWA Healthcare AG will no longer process the personal data unless we can prove compelling reasons for processing which are worthy of protection and which outweigh the interests, rights and freedoms of the person concerned, or unless the processing serves to assert, exercise or defend legal claims.
If MOWA Healthcare AG processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects to MOWA Healthcare AG processing for the purposes of direct advertising, MOWA Healthcare AG will no longer process the personal data for these purposes.
In addition, the person concerned has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her which is carried out at MOWA Healthcare AG for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 GDPR, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right of objection, the person concerned may directly contact any employee of MOWA Healthcare AG or any other employee. The data subject is also free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by European Union or national legislation to which the controller is subject and such legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is made with the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is taken with the express consent of the data subject, MOWA Healthcare AG shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the controller, to put forward its point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time consult a member of the controller's staff.
i) Right to revoke a data protection consent
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulatory Authority, to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.
9. Data protection in applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out by electronic means. This is particularly the case if an applicant submits relevant application documents to the controller electronically, for example by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in accordance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with the deletion. Other legitimate interests in this sense include, for example, an obligation to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG).
10. Privacy policy on the use and application of Facebook
The data controller has integrated components of the company Facebook on this website. Facebook is a social network. A social network is a social meeting place operated on the internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences or it can enable the internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friend requests, among other things.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA.
If a data subject lives outside the USA or Canada, the controller of the processing of personal data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Each time the data controller accesses one of the individual pages of this website, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found by accessing:
https://developers.facebook.com/docs/plugins/?locale=en_US As part of this technical process, Facebook is informed which specific subpage of our website is visited by the person concerned. If the person concerned is logged into Facebook at the same time, Facebook recognizes which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. If the person concerned clicks on one of the Facebook buttons integrated on our website, for example the "Like" button, or if the person concerned makes a comment, Facebook assigns this information to the personal Facebook user account of the person concerned and stores this personal data.
Facebook will always receive information via the Facebook component that the person concerned has visited our website if the person concerned is logged into Facebook at the same time when he or she accesses our website; this occurs regardless of whether the person concerned clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website.
The data policy published by Facebook, which is available at https://www.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the person concerned. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transfer to Facebook.
11. privacy policy on the use and application of Instagram
The data controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audio-visual platform and allows users to share photos and videos and also to disseminate such data in other social networks.
The operating company of the Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
Each time the data subject accesses any of the individual pages of this website operated by the data controller and on which an Instagram component (Insta Button) has been integrated, the internet browser on the information technology system of the data subject is automatically prompted by the relevant Instagram component to download a representation of the relevant Instagram component. As part of this technical process, Instagram is informed which specific page of our website is visited by the data subject.
If the person concerned is logged on to Instagram at the same time, Instagram recognizes which specific subpage the person concerned is visiting each time the person concerned calls up our internet site and for the entire duration of the respective visit to our internet site. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the person concerned. If the person concerned clicks on one of the Instagram buttons integrated on our website, the data and information thus transmitted is assigned to the personal Instagram user account of the person concerned and stored and processed by Instagram.
Instagram will receive information through the Instagram component that the data subject has visited our website whenever the data subject is logged into Instagram at the same time as he or she visits our website, whether or not the data subject clicks on the Instagram component. If the data subject does not wish this information to be transmitted to Instagram, the data subject may prevent the transmission by logging out of his/her Instagram account before accessing our website.
Further information and Instagram's applicable privacy policy can be found at https://help.instagram.com/155833707900388 and https://help.instagram.com/519522125107875
12. Privacy policy on the use of LinkedIn
The data controller has integrated components of LinkedIn Corporation on this website. LinkedIn is an internet-based social network that allows users to connect with existing business contacts and to make new business contacts. Over 400 million registered users use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.
LinkedIn is operated by LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. For data protection matters outside the USA, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
Each time a LinkedIn component (LinkedIn plug-in) is installed on our website, the LinkedIn plug-in causes the browser used by the data subject to download an appropriate representation of the LinkedIn component. Further information about LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins. This technical process allows LinkedIn to know which specific page of our website is visited by the data subject. If the person is logged on to LinkedIn at the same time, LinkedIn will know which specific page of our website the person is visiting each time the person visits our website and for the duration of the person's visit to our website. This information is collected by the LinkedIn component and assigned by LinkedIn to the LinkedIn account of the person concerned. If the data subject clicks on a LinkedIn button integrated on our website, LinkedIn will associate this information with the personal LinkedIn user account of the data subject and store this personal data.
LinkedIn will receive information via the LinkedIn component that the data subject has visited our website whenever the data subject is logged on to LinkedIn at the same time as he or she visits our website, regardless of whether the data subject clicks on the LinkedIn component or not. If the data subject does not want this information to be sent to LinkedIn, he or she may prevent it from being sent by logging out of his or her LinkedIn account before accessing our website.
LinkedIn offers the ability to unsubscribe from email, SMS, and targeted ads, and to manage ad preferences, at https://www.linkedin.com/psettings/guest-controls LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame who may set cookies. Such cookies can be rejected at https://www.linkedin.com/legal/cookie-policy. LinkedIn's current privacy policy is available at https://www.linkedin.com/legal/privacy-policy. LinkedIn's cookie policy is available at https://www.linkedin.com/legal/cookie-policy.
13. Privacy policy on the use of Google Fonts
In our internet presence we use Google Fonts to display external fonts. This is a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter only referred to as "Google".
Through certification according to the EU-US Privacy Shield https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active, Google guarantees that the data protection requirements of the EU are also complied with when processing data in the USA.
14. Legal basis of the processing
Art. 6 I lit. a GDPR serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations which are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes the processing of personal data necessary, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another person. This would be the case, for example, if a visitor to our company were to be injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the data subject prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
15. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
16. The duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for contract fulfilment or contract initiation.
17. Legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-supply
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
18. Existence of automated decision-making
As a responsible company, we avoid automated decision making or profiling.
Privacy policy for Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, in the event that IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand.
Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other Google data.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you agree to the processing of the data collected about you by Google in the manner described above and for the aforementioned purpose.
The data protection declaration of MOWA Healthcare AG is based on the terminology used by the European legislator for directives and regulations when the Basic Data Protection Regulations (DS-GVO) were issued. Our data protection declaration should be easy to read and understandable for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
a) Personal data
Personal data means any information relating to an identified or identifiable person (hereinafter referred to as a "data subject"). An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, on-line identification, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
(b) The person concerned
Data subject means any identified or identifiable person whose personal data are processed by the controller.
(c) Processing
Processing is any operation or set of operations, performed with or without the aid of automated means, which is performed upon personal data, such as collection, recording, organisation, arrangement, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, comparison or connection, restriction, deletion or destruction.
(d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
(e) Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that person.
(f) Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable person.
(g) Responsible person or data controller
The responsible person or data controller is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by European Union or national law, provision may be made for the controller or for the specific criteria for his or her designation in accordance with European Union or national law.
(h) Processor
The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
(i) Recipient
The recipient is any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which might receive personal data in the context of a specific investigation mandate under European Union or national law shall not be considered as recipients.
(j) Third parties
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
(k) Consent
Consent shall mean any freely given and informed unequivocal expression of the data subject's wishes in the specific case, in the form of a statement or any other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. The name and address of the controller
The person responsible within the meaning of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is the:
MOWA Healthcare AG
Schöngrünstrasse 35
4500 Solothurn
Switzerland
e-mail:
website: www.mowa.com
3. Cookies
The internet pages of MOWA Healthcare AG use cookies. Cookies are text files which are stored on a computer system via an internet browser. Numerous internet pages and servers use cookies. Many cookies contain a what is known as a cookie ID. A cookie ID is a unique identification of the cookie. It consists of a string of characters that can be used to assign internet pages and servers to the specific internet browser in which the cookie was stored. This enables the internet pages and servers visited to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified by means of the unique cookie ID.
By using cookies, MOWA Healthcare AG can provide users of this website with more user-friendly services which would not be possible without the setting of cookies.
By means of a cookie, the information and offers on our website can be optimized for the user. As mentioned above, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in the online shop. The online shop uses a cookie to remember the articles that a customer has placed in the virtual shopping cart.
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the internet browser used, it is possible that not all functions of our website can be fully used.
4. Collection of general data and information
The website of MOWA Healthcare AG collects general data and information every time the website is accessed by a person concerned or by an automated system. This general data and information is stored in the log files of the server. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (known as a referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of access to the internet site, (6) an Internet Protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information which serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, MOWA Healthcare AG will not draw any conclusions about the person concerned. Rather, this information is required in order (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for it, (3) to guarantee the permanent functionality of our information technology systems and the technology of our website and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber- attack. These anonymously collected data and information are therefore statistically evaluated by MOWA Healthcare AG on the one hand and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. Subscription to Newsletter
On the MOWA Healthcare AG website, users are given the opportunity to subscribe to our company's newsletter. What personal data is transmitted to the person responsible for processing when ordering the newsletter can be seen from the input mask used for this purpose.
MOWA Healthcare AG informs its customers and business partners at regular intervals by means of a newsletter about company offers. In principle, the newsletter of our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address first registered by a data subject for newsletter dispatch using the double opt-in procedure. This confirmation e-mail is used to check whether the owner of the e-mail address, as the data subject, has authorized the receipt of the newsletter.
When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves to provide legal protection for the person responsible for processing.
The personal data collected during registration for the newsletter is used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as there could be the case that there are changes to the newsletter offer or if technical conditions change. The personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service, can be revoked at any time. For the purpose of revoking this consent, a corresponding link can be found in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the data controller by other means.
6. Contact possibility via the internet site
Due to legal regulations, the website of MOWA Healthcare AG contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for what is known as electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted by a data subject to the controller on a voluntary basis are stored for the purposes of processing or for contacting the data subject. Such personal data shall not be disclosed to third parties.
7. Routine deletion and blocking of personal data
The controller shall process and store personal data relating to the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directives and Regulatory Authority or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
8. Rights of the data subject
(a) Right to confirmation
Every data subject has the right, granted by the European Directive and Regulation, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
(b) Right to information
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain, at any time and free of charge from the data controller, information on personal data relating to him/her and a copy thereof. Furthermore, the European Directive and Regulation maker has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right of rectification or erasure of personal data concerning him/her or on restriction of the processing by the controller
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information about the origin of the data
- the existence of automated decision-making, including profiling in accordance with Article 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended consequences of such processing for the data subject
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
(c) Right of rectification
Any person affected by the processing of personal data has the right, granted by the European legislator, to request the correction without delay of inaccurate personal data concerning him. The data subject shall also have the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of correction, he or she may at any time contact an employee of the controller.
(d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate deletion of personal data relating to him/her, if one of the following reasons applies and provided that the processing is not necessary:
- the personal data have been collected or otherwise processed for purposes for which they are no longer necessary
- the data subject withdraws the consent on which the processing was based pursuant to Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR and there is no other legal basis for the processing
- the data subject lodges an objection to the processing in accordance with Art. 21 para. 1 GDPR, and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing in accordance with Art. 21 para. 2 GDPR
- the personal data were processed unlawfully
- the deletion of the personal data is necessary to comply with a legal obligation under European Union law or the law of the Member States to which the controller is subject
- the personal data was collected in relation to information society services offered in accordance with Article 8 (1) of the GDPR
If the personal data has been made public by MOWA Healthcare AG and our company, as the person responsible, is obliged to delete the personal data in accordance with Art. 17 Para. 1 GDPR, MOWA Healthcare AG will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested these other persons responsible for data processing to delete all links to the personal data or copies or replications of the personal data, insofar as the processing is not necessary. An employee of MOWA Healthcare AG will take the necessary steps in individual cases.
e) Right to restrict processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the restriction of processing if one of the following conditions is met:
- the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data
- the processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data
- the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims
- the data subject has lodged an objection to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject
f) Right to data transferability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been made available to a controller by the data subject in a structured, common and machine-readable format. He or she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and that the processing is carried out by means of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising their right to data transfer pursuant to Art. 20 para. 1 GDPR, the data subject has the right to request that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
To assert the right to data transfer, the person concerned can contact an employee of MOWA Healthcare AG at any time.
(g) Right of appeal
Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out pursuant to Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, MOWA Healthcare AG will no longer process the personal data unless we can prove compelling reasons for processing which are worthy of protection and which outweigh the interests, rights and freedoms of the person concerned, or unless the processing serves to assert, exercise or defend legal claims.
If MOWA Healthcare AG processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects to MOWA Healthcare AG processing for the purposes of direct advertising, MOWA Healthcare AG will no longer process the personal data for these purposes.
In addition, the person concerned has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her which is carried out at MOWA Healthcare AG for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 GDPR, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right of objection, the person concerned may directly contact any employee of MOWA Healthcare AG or any other employee. The data subject is also free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by European Union or national legislation to which the controller is subject and such legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is made with the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is taken with the express consent of the data subject, MOWA Healthcare AG shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the controller, to put forward its point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time consult a member of the controller's staff.
i) Right to revoke a data protection consent
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulatory Authority, to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.
9. Data protection in applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out by electronic means. This is particularly the case if an applicant submits relevant application documents to the controller electronically, for example by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in accordance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with the deletion. Other legitimate interests in this sense include, for example, an obligation to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG).
10. Privacy policy on the use and application of Facebook
The data controller has integrated components of the company Facebook on this website. Facebook is a social network. A social network is a social meeting place operated on the internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences or it can enable the internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friend requests, among other things.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA.
If a data subject lives outside the USA or Canada, the controller of the processing of personal data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Each time the data controller accesses one of the individual pages of this website, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found by accessing:
https://developers.facebook.com/docs/plugins/?locale=en_US As part of this technical process, Facebook is informed which specific subpage of our website is visited by the person concerned. If the person concerned is logged into Facebook at the same time, Facebook recognizes which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. If the person concerned clicks on one of the Facebook buttons integrated on our website, for example the "Like" button, or if the person concerned makes a comment, Facebook assigns this information to the personal Facebook user account of the person concerned and stores this personal data.
Facebook will always receive information via the Facebook component that the person concerned has visited our website if the person concerned is logged into Facebook at the same time when he or she accesses our website; this occurs regardless of whether the person concerned clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website.
The data policy published by Facebook, which is available at https://www.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the person concerned. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transfer to Facebook.
11. privacy policy on the use and application of Instagram
The data controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audio-visual platform and allows users to share photos and videos and also to disseminate such data in other social networks.
The operating company of the Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
Each time the data subject accesses any of the individual pages of this website operated by the data controller and on which an Instagram component (Insta Button) has been integrated, the internet browser on the information technology system of the data subject is automatically prompted by the relevant Instagram component to download a representation of the relevant Instagram component. As part of this technical process, Instagram is informed which specific page of our website is visited by the data subject.
If the person concerned is logged on to Instagram at the same time, Instagram recognizes which specific subpage the person concerned is visiting each time the person concerned calls up our internet site and for the entire duration of the respective visit to our internet site. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the person concerned. If the person concerned clicks on one of the Instagram buttons integrated on our website, the data and information thus transmitted is assigned to the personal Instagram user account of the person concerned and stored and processed by Instagram.
Instagram will receive information through the Instagram component that the data subject has visited our website whenever the data subject is logged into Instagram at the same time as he or she visits our website, whether or not the data subject clicks on the Instagram component. If the data subject does not wish this information to be transmitted to Instagram, the data subject may prevent the transmission by logging out of his/her Instagram account before accessing our website.
Further information and Instagram's applicable privacy policy can be found at https://help.instagram.com/155833707900388 and https://help.instagram.com/519522125107875
12. Privacy policy on the use of LinkedIn
The data controller has integrated components of LinkedIn Corporation on this website. LinkedIn is an internet-based social network that allows users to connect with existing business contacts and to make new business contacts. Over 400 million registered users use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.
LinkedIn is operated by LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. For data protection matters outside the USA, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
Each time a LinkedIn component (LinkedIn plug-in) is installed on our website, the LinkedIn plug-in causes the browser used by the data subject to download an appropriate representation of the LinkedIn component. Further information about LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins. This technical process allows LinkedIn to know which specific page of our website is visited by the data subject. If the person is logged on to LinkedIn at the same time, LinkedIn will know which specific page of our website the person is visiting each time the person visits our website and for the duration of the person's visit to our website. This information is collected by the LinkedIn component and assigned by LinkedIn to the LinkedIn account of the person concerned. If the data subject clicks on a LinkedIn button integrated on our website, LinkedIn will associate this information with the personal LinkedIn user account of the data subject and store this personal data.
LinkedIn will receive information via the LinkedIn component that the data subject has visited our website whenever the data subject is logged on to LinkedIn at the same time as he or she visits our website, regardless of whether the data subject clicks on the LinkedIn component or not. If the data subject does not want this information to be sent to LinkedIn, he or she may prevent it from being sent by logging out of his or her LinkedIn account before accessing our website.
LinkedIn offers the ability to unsubscribe from email, SMS, and targeted ads, and to manage ad preferences, at https://www.linkedin.com/psettings/guest-controls LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame who may set cookies. Such cookies can be rejected at https://www.linkedin.com/legal/cookie-policy. LinkedIn's current privacy policy is available at https://www.linkedin.com/legal/privacy-policy. LinkedIn's cookie policy is available at https://www.linkedin.com/legal/cookie-policy.
13. Privacy policy on the use of Google Fonts
In our internet presence we use Google Fonts to display external fonts. This is a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter only referred to as "Google".
Through certification according to the EU-US Privacy Shield https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active, Google guarantees that the data protection requirements of the EU are also complied with when processing data in the USA.
14. Legal basis of the processing
Art. 6 I lit. a GDPR serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations which are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes the processing of personal data necessary, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another person. This would be the case, for example, if a visitor to our company were to be injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the data subject prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
15. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
16. The duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for contract fulfilment or contract initiation.
17. Legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-supply
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
18. Existence of automated decision-making
As a responsible company, we avoid automated decision making or profiling.
Privacy policy for Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, in the event that IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand.
Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other Google data.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you agree to the processing of the data collected about you by Google in the manner described above and for the aforementioned purpose.
This data protection declaration has been created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer for Lower Franconia, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte/Law Firm.
