The protection and security of your personal information is important to us. Thus, we strictly follow data protection rules. The following information sets out how, and for what purposes, we process data and your rights as a customer.
Basic use of our homepage and all our other (sub) pages is possible without providing personal data. However, processing of personal data is required as part of completing an order process via our homepage. And in addition, we also process personal data in business dealings with our business partners, but only as far as this is strictly necessary for our respective business purposes.
We do not embed so-called "cookies" within our Internet offers.
Personal data is any information which relates to an identified or identifiable natural person. A natural person is considered to be identifiable when they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features which describe the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
1. Contact details of the person responsible for the data processing:
Klaus Schuler GmbH Medical Technology, Berggasse 29, 79108 Freiburg
Telephone: +49 761-503 128-70
Fax: +49 761-503 128-71
2. Purposes of data processing
We process personal data exclusively for the purpose of processing orders received for our products, the order processes initiated by us with suppliers, as well as in the context of other business relations with third parties. The processing of personal data is therefore required for the performance of a contract between us and the customer, ourselves and the dealer, ourselves and another contractual partner or between one of our dealers and the customer. [See Art. 6 para. 1 b) General Data Protection Regulation (DS-GMO)].
We only use your personal data for advertising purposes if you have expressly given us your consent. You can revoke this consent at any time
When navigating to our homepage (or a web sub-page) general data and information are recorded each time you visit. This general data and information is stored in our server log files. This process can detect:
- your browser type and the version used,
- the operating system used by the accessing system,
- search engine robots,
- page views per page
- duration of your visit to the website,
- bounce rate,
This data is analysed for statistical purposes in order to optimize our website and our offers. When using this general data and information, we draw no conclusions about the individual person. The anonymous server log file data is stored separately from any personal data which may be provided by a respective person. Once the statistical evaluation is complete, this data will be deleted.
3. Recipient of personal data
Any incoming orders which cannot be directly processed by us, including the required personal data transmitted by the customer (name of the company/ clinic/ practice, address, e-mail, telephone and fax number) are passed to the appropriate responsible dealer who cooperates with us so that the contract with the customer can be fulfilled. These companies are not authorized to use the information we provide for any purpose other than the ones we inform you about in this statement. The personal data provided to us by the customer will never be made available to third parties for other reasons or other purposes, unless we are obliged to do so on the basis of legal or official orders. In particular, we do not disclose personal information to any third country or international organisation outside the scope of the General Data Protection Regulation.
4. Duration of storage
Any personal data stored by us will be stored beyond the actual time when the contract processing has been concluded only for as long as required by commercial law or to meet the requirements of tax law. The same applies to the dealers associated with us (see item 2). This retention obligation ends 10 years after the end of the financial year in which we stored personal data for the purpose of processing a delivery transaction. If there are further customer orders, the retention period will start afresh in each instance.
The general data will be deleted once its storage purpose lapses, or if a specified retention period under a statutory provision, any deletion or blocking required, or any other legal obligation under the law of the European Community or German law so dictates.
As a person with whom we have a business relationship or as a visitor to our homepage, your rights are set out in the following sections 5 – 8
5. Right to information, correction, erasure and the right to restrict processing
You have the right at any time to ask us for a free confirmation as to whether your personal data has been processed by us. If data has been processed, your free right to information extends to disclosure of the specific purpose of the processing, the categories of personal data processed, the recipient (s) to whom your personal data has been revealed, and the intended period of use for which your personal data is stored, or where this is not possible, the criteria for determining that duration.
Finally, your right to information extends to disclosure of whether there is automated decision-making, including profiling, in accordance with Article 22 (1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved, as well as the consequences and implications of such processing for you.
You have the right to demand immediate correction of incorrect personal data concerning you. Taking into account the purpose of the processing, you have the right to request the completion of incomplete personal data, including such means as adding a supplementary statement.
You have the right to request that the personal data relating to you be erased without delay, and we are obliged to erase personal data immediately if one of the following reasons applies:
- The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- You revoke your consent, on which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) of the GDPR, and there is no other legal basis for the processing.
- In accordance with Article 21 (1) of the GDPR, you object to the processing and there are no overriding legitimate grounds for processing, or you oppose the processing in accordance with Article 21 (2) of the GDPR.
- Your personal data was processed unlawfully.
- The erasure of personal data is required to fulfil a legal obligation under EU or national law to which we are subject.
- Your personal data was collected in relation to information society services offered in pursuance of Article 8 (1) of the GDPR.
If we have made your personal data public and we are required to erase it in accordance with paragraph 1, we will take appropriate measures, including technical measures, to inform data controllers who process your personal data, and, taking into account available technology and implementation costs, inform them that you have requested the deletion of any links to such personal data or copies or replications of such personal data.
The above rights of cancellation do not apply if processing is required:
- to exercise the right to freedom of expression and information;
- to fulfil a legal obligation required by EU law or laws of the Member States to which we are subject, or to perform a task which is in the public interest, or in the exercise of official authority which has been delegated to us;
- for reasons of public interest in the field of public health as referred to in Article 9 (2) (h) and (i) and Article 9 (3) of the GDPR;
- for archival purposes of public interest, for scientific or historical research purposes, or for statistical purposes under Article 89 Paragraph 1 DS-BER, in so far as the law referred to in paragraph 1 is likely to render impossible or seriously affect the achievement of the objectives of that processing, or to assert, exercise or defend legal claims.
Right to restriction
You have the right to require us to restrict processing if any of the following conditions apply:
- the accuracy of your personal information is contested by you for the period of time required to enable us to verify the accuracy of your personal information.
- the processing of your personal data by us is unlawful and you refuse the erasure of personal data and instead demand the restriction of the use of personal data;
- when your personal data is no longer needed for the purposes of processing, but you need it for the purposes of asserting, exercising or defending legal claims or
- where you have objected to the processing in accordance with Article 21 (1) of the GDPR, as long as it is not certain that our legitimate reasons outweigh yours.
If the processing is restricted in accordance with the above, your personal data may only be used – with the exception of its storage – to assert, exercise or defend legal claims, to protect the rights of another natural or legal person, or for reasons of important public interest within the EU or another Member State.
In so far as you have achieved the limitation of processing according to the above, you will be informed by us before any such restriction is lifted.
6. Right of objection
You have the right under the conditions of Art. 21 DS-GVO to object to the processing of personal data concerning you. Art 21 DS-GVO states:
1. The data subject shall have the right, at any time for reasons arising out of his particular situation, to object to the processing of personal data concerning him pursuant to Article 6 (1) (e) or (f) of the GDPR; this also applies to profiling based on these provisions. The controller shall no longer process the personal data unless he can demonstrate compelling legitimate grounds for processing which override the interests, rights and freedoms of the data subject, or the processing is for the purpose of enforcing, pursuing or defending legal claims.
2. When personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her for the purposes of such marketing; this also applies to profiling insofar as it is associated with such direct marketing.
3. If the data subject objects to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
4. The data subject must be expressly informed of the right referred to in paragraphs 1 and 2 at the latest at the time of the first communication with him; this notice must be supplied in a form that is understandable and separate from other information.
5. Regardless of Directive 2002/58 / EC, the data subject may exercise his right to object via automated procedures using technical specifications in relation to the use of information society services.
6. The data subject has the right, for reasons arising from his/ her particular situation, to object to the processing of personal data relating to him/ her for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary to fulfil a task for reasons of public interest.
7. Right to Data Portability
You have the right to receive from us a record of your personal data in a common and machine-readable format and to request the transfer of this record to a third party. Your right to erase your personal data (see above) remains unaffected.
8. Right of appeal
You have the right to complain to the relevant supervisory authority if you believe that the processing of personal data concerning you is in breach of the DS-BER. The supervisory authority to whom we are responsible is the State Commissioner for Data Protection and Freedom of Information, Baden-Württemberg. However, a complaint can also be filed with the supervisory authority responsible for your local area, or for your place of employment (registered head office).
9. Provision of personal data
The personal data provided by you is required for processing your order and the requisite purchase contract. Without this data, neither we nor any of our dealers would be able to conclude a purchase contract. You are not obliged to provide personal information.
Freiburg, May 2018
Schuler Medical Technology GmbH