Privacy Policy

Status 23.01.2023

Foreword

We, Klaus Schuler GmbH Medizintechnik, Berggasse 29, 79108 Freiburg (hereinafter: "the company", "we" or "us") take the protection of your personal data seriously and would like to inform you about data protection in our company at this point.

As part of our data protection responsibility, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "GDPR") in order to protect personal data of the person affected by processing ( we address you as the data subject (hereinafter also referred to as "customer", "user", "you", "you" or "data subject").

Insofar as we decide on the purposes and means of data processing either alone or together with others, this primarily includes the obligation to inform you transparently about the type, scope, purpose, duration and legal basis of the processing (see. Art. 13 and 14 GDPR). With this declaration (hereinafter: "Privacy Policy") we inform you how your personal data is processed by us.

A. General

(1) Definitions

Based on the model of Art. 4 GDPR, this data protection notice is based on the following definitions::

– "Personal data" (Art. 4 No. 1 GDPR) is all information that relates to an identified or identifiable natural person ("data subject"). A person can be identified if they can be identified directly or indirectly, in particular by means of an assignment to an identifier such as a name, an identification number, an online identifier, location data or using information about their physical, physiological, genetic, psychological, economic, cultural or social identity characteristics can be identified. The identifiability can also be provided by linking such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photos, video or sound recordings can also contain personal data).

– "Processing" (Art. 4 No. 2 GDPR) is any process in which personal data is handled, whether with or without the help of automated (i.e. technology-supported) processes. In particular, this includes collecting (i.e. acquiring), recording, organizing, arranging, storing, adapting or changing, reading out, querying, using, disclosing through transmission, distribution or other provision, comparison , the linking, the restriction, the deletion or the destruction of personal data as well as the change of an objective or purpose on which data processing was originally based.

– "Responsible" (Art. 4 No. 7 GDPR) is the natural or legal person, authority, institution or other body that alone or together with others decides on the purposes and means of processing personal data.

– "Third party" (Art. 4 No. 10 GDPR) is any natural or legal person, authority, institution or other body other than the data subject, the person responsible, the processor and the persons who are under the direct responsibility of the person responsible or the processor authorized are to process the personal data; this also includes other corporate legal entities.

– "Processor" (Art. 4 No. 8 GDPR) is a natural or legal person, authority, facility or other body that processes personal data on behalf of the person responsible, in particular in accordance with their instructions (e.g. IT service provider). In terms of data protection law, a processor is in particular not a third party.

– "Consent" (Art. 4 No. 11 GDPR) of the data subject refers to any voluntary, informed and unequivocal expression of will in the form of a declaration or other clear confirmatory action with which the data subject indicates that you consent to the processing of your personal data.

(2) Name and address of the person responsible for processing

We are responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR:

Klaus Schuler GmbH, Medizintechnik, md Ralf Schuler, Berggasse 29,

79108 Freiburg, Germany

Phone number: +49 761-503 128-70

Fax number: +49 761-503 128-71

E-Mail-adress: info@schulermed.de

For more information about our company, please refer to the imprint information on our website.

(3) Contact details of the data protection officer

Our company data protection officer is available to you at any time for all questions and as a contact person on the subject of data protection. His contact details are:

Klaus Schuler GmbH Medizintechnik, Berggasse 29, 79108 Freiburg, Germany

Managing Director Ralf Schuler

Phone number: +49 761 503 128-70

Fax number : + 49 761 503 128-71

E-Mail-adress: info@schulermed.de

(4) Legal bases of data processing

In principle, any processing of personal data is prohibited by law and is only permitted if the data processing falls under one of the following justifications:

– Art. 6 Paragraph 1 S. 1 lit. a GDPR ("Consent"): if the data subject has voluntarily, in an informed manner and unequivocally indicated by a statement or other unequivocal affirmative action that he/she consents to the processing of personal data concerning him/her for one or more specific purposes;

– Art. 6 Paragraph 1 S. 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject;

– Art. 6 Paragraph 1 S. 1 lit. c GDPR: When processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a statutory record keeping obligation);

– Art. 6 Paragraph 1 S. 1 lit. d GDPR: When processing is necessary to protect vital interests of the data subject or another natural person;

– Art. 6 Paragraph 1 S. 1 lit. e GDPR:

If the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been transferred to the person responsible or

– Art. 6 Paragraph 1 S. 1 lit. f GDPR ("Legitimate interests"): If the processing is necessary to safeguard the legitimate (in particular legal or economic) interests of the person responsible or a third party, provided that the conflicting interests or rights of the person concerned do not prevail (especially if the person concerned is a minor ).

The storage of information in the end user's terminal equipment or the access to information already stored in the terminal equipment is only permitted if it is covered by one of the following justifications:

– § 25 Paragraph 1 TTDSG: When the end user has consented based on clear and comprehensive information. Consent must be given in accordance with Art. 6 Paragraph 1 S. 1 lit. a GDPR;

– § 25 Paragraph 2 Nr. 1 TTDSG: When the sole purpose is to carry out the transmission of a message over a public telecommunications network or

– § 25 Paragraph 2 Nr. 2 TTDSG: If storage or access is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user.

For the processing operations we carry out, we indicate below the applicable legal basis in each case. Processing can also be based on several legal bases.

(5) Data Erasure and Storage Duration

For the processing operations we carry out, we state below how long the data will be stored by us and when it will be deleted or blocked. Unless an express storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies. In principle, your data is only stored on our servers in Germany, subject to a possible transfer according to the regulations in A.(7) and A.(8).

However, storage can take place beyond the specified time in the event of an (impending) legal dispute with you or other legal proceedings or if storage is provided for by statutory provisions to which we are subject as the person responsible (e.g. Section 257 HGB, Section 147 AO). . If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted, unless further storage by us is necessary and there is a legal basis for this.

(6) Data security

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties (e.g. SSL encryption for our website), taking into account the state of the art and the implementation costs and the nature, scope, context and purpose of the processing and the existing risks of a data breach (including its likelihood and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

We will be happy to provide you with further information on this upon request. To do this, please contact our data protection officer (see under A.(3)).

(7) No automated decision-making (including profiling)

We do not intend to use any personal information collected from you for any automated decision-making process (including profiling).

(8) No obligation to provide personal data

We do not make the conclusion of contracts with us conditional on you providing us with personal data beforehand. In principle, there is no legal or contractual obligation for you as a customer to provide us with your personal data; however, it may be that we can only provide certain offers to a limited extent or not at all if you do not provide the data required for this. If this should exceptionally be the case with the products we offer presented below, you will be informed of this separately.

(9) Legal obligation to transmit certain data

Under certain circumstances, we may be subject to a special statutory or legal obligation to make lawfully processed personal data available to third parties, in particular public authorities ( Art. 6 Paragraph 1 S. 1 lit. c GDPR).

(10) Your rights

You can assert your rights as a data subject with regard to your processed personal data at any time using the contact details given under A.(2) above. As a data subject, you have the right:

– to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can obtain information about the processing purposes, the category of data, the categories of recipients to whom your data was or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a right of appeal , the origin of their data, if they were not collected from us, as well as the existence of automated decision-making including profiling and, if necessary, meaningful information about their details;

– in accordance with Art. 16 GDPR, to immediately request the correction of incorrect data or the completion of your data stored by us;

– in according with Art. 17 GDPR, to request the deletion of your data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims is;

– in accordance with Art. 18 GDPR, to demand the restriction of the processing of your data if you dispute the accuracy of the data or the processing is unlawful;

– in accordance with Art. 20 GDPR, to receive your data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible ("data portability");

– to object to the processing in accordance with Art. 21 GDPR, provided that the processing is based on Art. 6 (1) S 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct advertising, we ask that you explain the reasons why we should not process your data as we have done when exercising such an objection. In the event of your justified objection, we will examine the situation and will either stop or adjust the data processing or show you our compelling legitimate reasons for continuing the processing;

– According to Art. 7 Para. 3 GDPR, your consent once given (even before the GDPR came into force, i.e. before May 25th, 2018) - so your voluntary, informed and unambiguous will made understandable by a declaration or other clear confirmatory action, that you agree to the processing of the personal data concerned for one or more specific purposes - to revoke this at any time to us if you have given such consent. As a result, we are no longer allowed to continue the data processing based on this consent for the future and

– according to Art. 77 GDPR to complain to a data protection supervisory authority about the processing of your personal data in our company, for example to the data protection supervisory authority responsible for us:

Aufsichtsbehörde des Landes Baden-Württemberg,

Königstr. 10a, 70173 Stuttgart

E-Mail: poststelle@lfdi.bwl.de

(11) Changes to the Privacy Policy

As part of the further development of data protection law and technological or organizational changes, our data protection information is regularly checked for any need for adjustment or supplementation. You will be informed about changes in particular on our German website at http://www.schulermed.de. This data protection notice is dated January 2023.

B. Visiting the websites

(1) Explanation of the function

You can find information about our company and the services we offer in particular at http://www.schulermed.de including the associated subpages (collectively: "websites"). When you visit our website, your personal data may be processed.

(2) Processed personal data

When using the website for informational purposes, we collect, store and process the following categories of personal data:

"Log data": When you visit our website, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:

– the page from which the page was requested (so-called referrer URL)

– the name and URL of the requested page

– the date and time of the call

– the description of the type, language and version of the web browser used

– the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established

– the amount of data transferred

– the operating system

– the message whether the call was successful (access status/Http status code)

– the GMT time zone difference

"Contact form data": When using contact forms, the data transmitted are processed (e.g. gender, surname and first name, address, company, e-mail address and the time of transmission).

(3) Purpose and legal basis of data processing

We process the personal data specified above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Article 6 Paragraph 1 S 1 Lit f GDPR, the stated purposes also represent our legitimate interests.

The log data is processed for statistical purposes and to improve the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 Paragraph 1 S. 1 lit. a or lit. f GDPR).

Contact form data is processed to process customer inquiries (legal basis is Art. 6 Paragraph 1 S. 1 lit. b or lit. f GDPR).

(4) Duration of data processing

Your data will only be processed for as long as is necessary to achieve the processing purposes set out above; the legal bases specified in the context of the processing purposes apply accordingly. With regard to the use and storage period of cookies, please note point A.(5) and the cookie policy.

Third parties used by us will store your data on their system for as long as is necessary in connection with the provision of services for us in accordance with the respective order.

You can find more information on the storage period under A.(5) and the cookie policy.

(5) transmission of personal data to third parties; basis of justification

The following categories of recipients, which are usually processors (see A. (7)), may have access to your personal data:

– Service providers for the operation of our website and the processing of the data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Article 6 Paragraph 1 S 1 Lit b or Lit f GDPR, insofar as it is not a processor;

– State bodies/authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the transfer is Article 6 Paragraph 1 S 1 Lit c GDPR;

– Persons used to conduct our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, those involved in company acquisitions or the establishment of joint ventures). The legal basis for the transfer is then Art. 6 Paragraph 1 S. 1 lit. b or lit. f GDPR.

For the guarantees of an appropriate level of data protection when the data is passed on to third countries, see A.(8). In addition, we only pass on your personal data to third parties if you have given your express consent to this in accordance with Art. 6 Paragraph 1 S 1 Lit. a GDPR.

(6) Use of cookies, plugins and other services on our website

a) Cookie

We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive with a characteristic character string and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offer more user-friendly and effective overall, i.e. more pleasant for you.

Cookies can contain data that make it possible to recognize the device used. In some cases, however, cookies only contain information on certain settings that cannot be related to individuals. However, cookies cannot directly identify a user.

A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between cookies:

– Technical cookies: These are essential to move around the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes, nor do they remember which websites you have visited;

– Performance cookies: These collect information about how you use our website, which pages you visit and, for example, whether errors occur when using the website; they do not collect any information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;

– Advertising cookies, targeting cookies: These serve to offer the website user needs-based advertising on the website or offers from third parties and to measure the effectiveness of these offers; Advertising and targeting cookies are stored for a maximum of 13 months;

– Sharing cookies: These are used to improve the interactivity of a website with other services (e.g. social networks); Sharing cookies are stored for a maximum of 13 months..

The legal basis for cookies, which are absolutely necessary to provide you with the service you have expressly requested, is § 25 Paragraph 2 Nr. 2 TTDSG. Any use of cookies that is not absolutely technically necessary for this represents data processing that is only permitted with your express and active consent in accordance § 25 Paragraph 1 TTDSG in conjunction with Art. 6 Paragraph 1 S. 1 lit. a GDPR. This applies in particular to the use of performance, advertising, targeting or sharing cookies. In addition, we only pass on your personal data processed by cookies to third parties if you have given your express consent to this in accordance with Art. 6 Paragraph 1 S. 1 lit. a GDPR.

b) Cookie Policy

For more information about which cookies we use and how to manage your cookie preferences and opt out of certain types of tracking, please see our Cookie Policy.

c) Social Media Plugins

We do not use any social media plugins on our websites. If our websites contain symbols from social media providers (e.g. [name of social media providers with symbols on the company's website]), we only use them for passive linking to the pages of the respective providers.