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Bionic Medical Products | Privacy Statement

Privacy Statement

Bionic Medizintechnik GmbH takes the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations as well as this privacy policy. The use of our website is generally possible without providing personal data. Insofar as personal data (e.g., name, address, or email addresses) is collected on our pages, this is always done, where possible, on a voluntary basis. This data will not be passed on to third parties without your express consent. We point out that data transmission over the internet (e.g., when communicating via email) may have security gaps. A complete protection of data from access by third parties is not possible. In the course of the development of our online offerings and the technologies used, changes to this privacy policy may also become necessary. Therefore, we recommend that you read the privacy policy again from time to time.

1. Definitions

The privacy policy of Bionic Medizintechnik GmbH is based on the terminology used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to explain the terms used in advance. In this privacy policy, we use, among other things, the following terms:

a) Personal Data

Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, particularly by reference to an identifier such as a name, identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data Subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for processing.

c) Processing

Processing is any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d) Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of limiting its processing in the future.

e) Profiling

Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects related to a natural person, particularly to analyze or predict aspects concerning performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural 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 the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures that ensure the personal data cannot be assigned to an identified or identifiable natural person.

g) Controller or Data Controller

The controller or data controller is the natural or legal person, authority, agency, or other body that alone or jointly with others determines the purposes and means of processing personal data. If the purposes and means of processing are specified by Union law or the law of the Member States, the controller or the criteria for its designation may be provided for by Union law or the law of the Member States.

h) Processor

A processor is a natural or legal person, authority, agency, or other body that processes personal data on behalf of the controller.

i) Recipient

A recipient is a natural or legal person, authority, agency, or other body to whom personal data is disclosed, regardless of whether they are a third party or not. However, authorities that may receive personal data under a specific investigation mandate in accordance with Union law or the law of the Member States are not considered recipients.

j) Third Party

A third party is a natural or legal person, authority, agency, or other body other than the data subject, the controller, the processor, and persons who, under the direct responsibility of the controller or the processor, are authorized to process personal data.

k) Consent

Consent is any freely given, specific, informed, and unambiguous indication of the data subject's wishes, expressed by a statement or by a clear affirmative action, which signifies agreement to the processing of personal data relating to them.

2. Name and Address of the Data Controller

The controller within the meaning of the General Data Protection Regulation (GDPR), other applicable data protection laws in the European Union Member States, and other provisions with data protection-related character is:

Bionic Medizintechnik GmbH
Max-Planck-Str. 21, 61381 Friedrichsdorf
Tel +49 6172 7576-0
Fax +49 6172 7576-10
Mail info@bionic-jms.com
Web bionic-jms.com

3. Cookies

The Bionic Medizintechnik GmbHwebsite uses cookies. Cookies are text files that are placed and stored on a computer system by an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that allows internet pages and servers to assign the specific internet browser in which the cookie was stored. This allows the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified by the unique cookie ID.

By using cookies, Bionic Medizintechnik GmbH can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

Cookies allow us to optimize the information and offers on our website in the sense of the user. As mentioned earlier, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that uses cookies does not have to enter login details every time they visit the site because this is stored in the cookie placed on the user’s computer system. Another example is the shopping cart cookie in an online store. The online store remembers the items a customer has added to the virtual shopping cart through a cookie.

The data subject can prevent the setting of cookies through our website at any time by adjusting the settings of the internet browser they use, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time through an internet browser or other software programs. This is possible in all common internet browsers. If the data subject disables the setting of cookies in their browser, it may not be possible to use all the functions of our website to their full extent.

4. Collection of General Data and Information

The website of Bionic Medizintechnik GmbH collects a range of general data and information with every visit to the site by a data subject or an automated system. This general data and information is stored in the server’s log files. The following data may be collected:

  • the types and versions of browsers used,
  • the operating system used by the accessing system
  • the website from which an accessing system arrives at our website (so-called referrer),
  • the subpages that are accessed on our website via an accessing system,
  • the date and time of access to the website,
  • an internet protocol address (IP address),
  • the internet service provider of the accessing system,
  • Other similar data and information that serves to prevent risks in the event of attacks on our IT systems.

When using this general data and information, Bionic Medizintechnik GmbH does not draw conclusions about the data subject. Rather, this information is needed to:

  • correctly deliver the content of our website,
  • optimize the content of our website and the advertising for it,
  • ensure the permanent functionality of our IT systems and the technology of our website, and
  • provide the necessary information to law enforcement authorities in the event of a cyberattack for criminal investigation purposes.

These anonymously collected data and information are statistically analyzed by Bionic Medizintechnik GmbH and further evaluated with the goal of improving data protection and data security in our company to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from any personal data provided by a data subject.

5. Contact Possibility via the Website

The website of Bionic Medizintechnik GmbH contains information required by law, which enables quick electronic contact with our company and direct communication with us, including a general address for electronic mail (email address). If a data subject contacts the data controller via email or through a contact form, the personal data provided by the data subject is automatically stored. Such personal data voluntarily submitted by a data subject to the data controller will be stored for the purpose of processing or contacting the data subject. These personal data will not be disclosed to third parties.

6. Routine Deletion and Blocking of Personal Data

The data controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or if this is provided for by the European legislator or another legislator in laws or regulations to which the data controller is subject.

Once the storage purpose ceases to apply or the retention period prescribed by the European legislator or another competent legislator expires, the personal data will routinely and in accordance with legal regulations be blocked or deleted.

7. Rights of the Data Subject

a) Right to Confirmation

Every data subject has the right granted by the European legislator to request confirmation from the data controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they can contact a member of staff from the data controller at any time.

b) Right to Access

Every data subject whose personal data is processed has the right granted by the European legislator to obtain, at any time, free information from the data controller about the personal data stored concerning them and a copy of this information. In addition, the European legislator has granted the data subject access to the following information:

  • the purposes of processing,
  • the categories of personal data being processed,
  • the recipients or categories of recipients to whom the personal data has been or will be disclosed, particularly in the case of recipients in third countries or international organizations,
  • if possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration,
  • the existence of the right to rectification or erasure of personal data concerning them or to restrict processing by the controller or a right to object to such processing,
  • the existence of the right to lodge a complaint with a supervisory authority,
  • if the personal data was not collected from the data subject: All available information on the source of the data,
  • the existence of automated decision-making, including profiling under Article 22(1) and (4) GDPR, and — at least in these cases — meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Additionally, the data subject has the right to be informed whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to be informed about the appropriate safeguards related to the transfer.

If a data subject wishes to exercise this right of access, they may contact a member of staff from the data controller at any time.

c) Right to Rectification

Every data subject whose personal data is processed has the right granted by the European legislator to request the immediate rectification of incorrect personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data — also by providing a supplementary statement — considering the purposes of processing. If a data subject wishes to exercise this right to rectification, they can contact a member of staff from the data controller at any time.

d) Right to Erasure (Right to be Forgotten)

Every data subject whose personal data is processed has the right granted by the European legislator to request the controller to erase their personal data immediately, provided one of the following reasons applies, and the processing is not necessary:

  • the personal data was collected for purposes or processed in any other way for which it is no longer necessary,
  • the data subject withdraws their consent on which the processing is based under Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for processing,
  • the data subject objects to the processing under Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing under Article 21(2) GDPR,
  • the personal data has been unlawfully processed,
  • the erasure of personal data is required for compliance with a legal obligation under Union or Member State law to which the controller is subject,
  • the personal data was collected in relation to the offer of information society services in accordance with Article 8(1) GDPR.

If one of the aforementioned reasons applies and a data subject wishes to initiate the erasure of personal data stored at Bionic Medizintechnik GmbH, they may contact a member of staff from the data controller at any time. The employee will ensure that the request for erasure is carried out without delay.

If personal data has been made public by Bionic Medizintechnik GmbH and the company is obligated to erase the personal data as the controller under Article 17(1) GDPR, Bionic Medizintechnik GmbH will, taking into account available technology and implementation costs, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure of all links to, or copies or replications of, this personal data, where processing is no longer necessary. The employee of Bionic Medizintechnik GmbH will take the necessary actions in each case.

e) Right to Restriction of Processing

Every data subject whose personal data is processed has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions applies:

  • the accuracy of the personal data is contested by the data subject, for a period that enables the controller to verify the accuracy of the personal data,
  • the processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of the use of the personal data,
  • the controller no longer needs the personal data for the purposes of processing, but the data subject requires it for the establishment, exercise, or defense of legal claims,
  • the data subject has objected to the processing under Article 21(1) GDPR, and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Bionic Medizintechnik GmbH, they can contact a member of staff from the data controller at any time. The employee will ensure that the processing is restricted accordingly.

f) Right to Data Portability

Every data subject whose personal data is processed has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to whom the personal data was provided, provided the processing is based on consent under Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract under Article 6(1)(b) GDPR, and the processing is carried out by automated means, 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, the data subject, in exercising their right to data portability under Article 20(1) GDPR, has the right to request that personal data be transmitted directly from one controller to another, where technically feasible and where it does not affect the rights and freedoms of others. To exercise the right to data portability, the data subject may contact a member of staff from Bionic Medizintechnik GmbH at any time.

g) Right to Object

Every data subject whose personal data is processed has the right granted by the European legislator to object, for reasons arising from their particular situation, to the processing of their personal data based on Article 6(1)(e) or (f) GDPR, at any time. This also applies to profiling based on these provisions. In the event of an objection, Bionic Medizintechnik GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is necessary for the establishment, exercise, or defense of legal claims. If Bionic Medizintechnik GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of their personal data for such advertising purposes. This also applies to profiling, to the extent that it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, Bionic Medizintechnik GmbH will no longer process the personal data for those purposes. Furthermore, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. To exercise the right to object, the data subject may directly contact any employee of Bionic Medizintechnik GmbH or another staff member. The data subject is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, through automated means, using technical specifications.

h) Automated Decisions in Individual Cases, Including Profiling

very data subject whose personal data is processed 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 them or similarly significantly affects them, unless the decision:

  • (1) is necessary for entering into or the performance of a contract between the data subject and the controller, or

  • (2) is authorized by Union or Member State law to which the controller is subject, and such law contains appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or

  • (3) is based on the explicit consent of the data subject.
    If the decision:

  • (1) is necessary for entering into or the performance of a contract between the data subject and the controller, or

  • (2) is based on the explicit consent of the data subject,

Bionic Medizintechnik GmbH will take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to state their point of view, and to contest the decision. If the data subject wishes to assert their rights with respect to automated decisions, they may contact a staff member of the data controller at any time.

i) Right to Withdraw Consent

Every data subject whose personal data is processed has the right granted by the European legislator to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise their right to withdraw consent, they may contact a staff member of the data controller at any time.

8. Data Protection in Applications and the Application Process

The data controller collects and processes the personal data of applicants for the purpose of processing the application process. This processing may also be done electronically, especially if an applicant submits application documents electronically, for example by email or via a web form on the website. If the data controller enters into an employment contract with an applicant, the transmitted data will be stored for the purpose of managing the employment relationship in compliance with legal regulations. If no employment contract is concluded, the application documents will be automatically deleted two months after the rejection decision, unless other legitimate interests of the data controller prevent deletion. A legitimate interest in this context could be, for example, a duty of proof in a procedure under the General Equal Treatment Act (AGG).

9. Data Protection Provisions Regarding the Use of Google Maps

This website uses the Google Maps service via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. In order to use the features of Google Maps, it is necessary to store your IP address. This information is usually transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission. The use of Google Maps is in the interest of presenting our online offerings in an appealing way and making it easy to find the locations provided on the website. This constitutes a legitimate interest under Article 6(1) lit. f GDPR. Further information on the handling of user data can be found in Google's privacy policy.

10. Data Protection Provisions Regarding the Use of Google Analytics (with Anonymization Function)

The data controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, gathering, and evaluation of data on the behavior of visitors to websites. A web analysis service collects data, among other things, about the website from which a person has accessed a website (so-called referrer), which subpages of the website were accessed, or how often and for how long a subpage was viewed. Web analysis is primarily used to optimize a website and for cost-benefit analysis of online advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA.

The data controller uses the "_gat._anonymizeIp" add-on for web analysis via Google Analytics. This add-on shortens and anonymizes the IP address of the internet connection of the data subject when accessing our websites from a member state of the European Union or another contracting state of the Agreement on the European Economic Area.

The purpose of the Google Analytics component is the analysis of the visitor flows on our website. Google uses the collected data and information, among other things, to evaluate the use of our website, to compile online reports showing the activities on our websites, and to provide additional services related to the use of our website.

Google Analytics sets a cookie on the information technology system of the data subject. Cookies are explained above. By setting the cookie, Google enables an analysis of the use of our website. With each visit to one of the individual pages of this website, which is operated by the data controller and on which a Google Analytics component has been integrated, the internet browser on the data subject's information technology system automatically causes data to be transmitted to Google for online analysis. As part of this technical procedure, Google becomes aware of personal data, such as the IP address of the data subject, which Google uses, among other things, to trace the origin of the visitors and clicks and subsequently enable commission billing.

Through the cookie, personal information such as access time, the location from which access originated, and the frequency of visits to our website by the data subject is stored. With each visit to our website, this personal data, including the IP address of the internet connection used by the data subject, is transferred to Google in the United States. These personal data are stored by Google in the United States of America. Google may share these personal data with third parties in the course of the technical procedure.

The data subject may prevent the setting of cookies by our website, as described above, at any time by adjusting the settings of the browser used, and thereby permanently object to the setting of cookies. Such an adjustment to the internet browser would also prevent Google from setting a cookie on the data subject's information technology system. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

Furthermore, the data subject has the possibility to object to and prevent the collection of data generated by Google Analytics related to the use of this website, as well as the processing of this data by Google. To do this, the data subject must download and install a browser add-on under the link provided. This browser add-on informs Google Analytics via JavaScript that data and information on the visits to websites should not be transmitted to Google Analytics. The installation of the browser add-on is considered as an objection by Google. If the information technology system of the data subject is later deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of control, there is the option of reinstalling or reactivating the browser add-on.

Further information and the applicable data protection regulations of Google can be accessed through the provided links. Google Analytics is further explained through the provided link.

11. Legal Basis for Processing

Article 6(1)(a) GDPR serves as the legal basis for processing operations where 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, such as processing operations required for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary to carry out pre-contractual measures, for example, in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as fulfilling tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case if, for example, a visitor were to be injured in our operations and their name, age, health insurance data, or other vital information needed to be transferred to a doctor, hospital, or other third parties. In such a case, the processing would be based on Article 6(1)(d) GDPR.

Finally, processing operations may be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal grounds if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not outweigh those interests. Such processing operations are permitted because they are specifically mentioned by the European legislator. In this regard, the legislator assumed that a legitimate interest may be presumed if the data subject is a customer of the data controller (Recital 47 sentence 2 GDPR).

12. Legitimate Interests in Processing Pursued by the Controller or a Third Party

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to carry out our business activities for the benefit of all our employees and stakeholders.

13. Duration of Storage of Personal Data

The criterion for the duration of the storage of personal data is the respective statutory retention period. Once the retention period has expired, the corresponding data will routinely be deleted, unless it is still required for the performance of the contract or pre-contractual steps.

14. Legal or Contractual Obligations to Provide Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Consequences of Non-Provision

We inform you that the provision of personal data may be legally required (e.g., tax regulations) or may result from contractual agreements (e.g., information about the contracting party). In some cases, it may be necessary to provide personal data to enter into a contract. For example, the data subject is required to provide personal data if our company concludes a contract with them. Failure to provide personal data could result in the contract not being concluded. Before providing personal data, the data subject should contact one of our employees, who will clarify on a case-by-case basis whether the provision of personal data is required by law or contract for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of not providing the personal data.

15. Existence of Automated Decision-Making

As a responsible company, we refrain from automated decision-making or profiling.