The use of the internet pages of the PolyDiagnost Entwicklungs-, Produktions-, Vertriebs- und Servicegesellschaft f. medizinelektronische Diagnostik- und Therapiegeräte mbH (hereinafter being referred to as “PolyDiagnost” is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
PolyDiagnost has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
a) Personal data
Personal data means 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, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data are processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, 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 their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or 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 Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the Controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in member states of the European Union and other provisions related to data protection is:
PolyDiagnost Entwicklungs-, Produktions-, Vertriebs- und Servicegesellschaft f. medizinelektronische Diagnostik- und Therapiegeräte mbH
Am Söldnermoos 17
85399 Hallbergmoos, Germany
Represented by: Armin Reimer
The Internet pages of PolyDiagnost. Cookies are text files that are stored in a computer system via an internet browser.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Collection of General Data and Information
The PolyDiagnost website collects a series of general data and information, when a data subject or an automated system calls up the website. This general data and information are stored in the log files of the server. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, which are controlled by 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) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information PolyDiagnost does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and the technology of our website, and (4) provide the law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore PolyDiagnost analyses these anonymously collected data and information, on one hand, statistically and besides with the aim of increasing the data protection and data security of our enterprise and, ultimately, to ensure an optimal 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 data subject.
5. Ways of Contact Using the Internet Site
The PolyDiagnost website contains, based on legal requirements, information which enables a fast electronical way of contacting our company as well as communicating directly with us, which also includes a general address of the so-called electronical mail (e-mail address). If a data subject contacts the controller via e-mail or using the contact form, the personal data transferred from the data subject are stored automatically. Such voluntarily provided and transferred personal data of a data subject to the controller are stored so as to process or contact the data subject. This personal data are not passed on to third parties.
This storage is legally based on Article 6 (1) sentence 2 point f) of the GDPR to implement pre-contractual measures. The data is stored in accordance with the European directives and regulations and/or other laws and regulations which the controller is subject to. As long as the data subject exercises their rights mentioned in this data protection declaration or legal requirements, the controller will limit the data stored to the strict minimum so as to in turn adhere to the legal GDPR obligations the controller is subject to and, where appropriate, in conjunction with applicable national rules. Furthermore, the controller will of course erase the entire data after the expiry of end-date limits. The continuous storage of the strict minimum is, inter alia, necessary to adhere to the controller’s obligation to provide evidence.
6. Routine Erasure or Restriction of Processing of Personal Data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or as far as this is granted by the European legislator or by other legislators in laws or regulations, to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
7. Rights of the Data Subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may at any time contact our controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European legislator grants the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact our controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may at any time contact our controller.
d) Right to erasure (right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies and as long as the processing is not is necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1) of the GDPR, or point (a) of Article 9 (2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
- The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) of the GDPR.
If one of the reasons mentioned above applies and a data subject wishes to request the erasure of personal data stored by PolyDiagnost, he or she may at any time contact our controller. He or she shall promptly ensure that the erasure request is complied with immediately.
Where PolyDiagnost has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, PolyDiagnost, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The PolyDiagnost controller will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling 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 their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21 (1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the abovementioned conditions is met and a data subject wishes to request the restriction of the processing of personal data stored by PolyDiagnost, he or she may at any time contact our controller. The PolyDiagnost controller will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided as long as the processing is based on consent pursuant to point (a) of Article 6 (1) of the GDPR or point (a) of Article 9 (2) of the GDPR or on a contract pursuant to point (b) of Article 6 (1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not 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, in exercising his or her right to data portability pursuant to Article 20 (1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the PolyDiagnost controller.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6 (1) of the GDPR. This also applies to profiling based on these provisions.
PolyDiagnost shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
If PolyDiagnost processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to PolyDiagnost to the processing for direct marketing purposes, PolyDiagnost will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by PolyDiagnost for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the controller of PolyDiagnost. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making in specific cases, including profiling
Each data subject shall have 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 similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, PolyDiagnost shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact the controller of PolyDiagnost.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact the controller of PolyDiagnost.
8. Data Protection for the Application and Use of Twitter
The controller has integrated components of Twitter on this website. Twitter is a multi-lingual, publicly accessible micro-blogging service by means of which users can publish and spread so-called “tweets”, which are short messages limited to 140 characters. Those short messages can be accessed by anyone, also persons not registered at Twitter. The tweets are also displayed to the followers of the respective user. Followers are other Twitter users who follow the tweets of a user. Furthermore, Twitter allows for an addressing of a large audience by means of hashtags, links or retweets.
The Twitter operating company is: Twitter, Inc., 1355 Market Street, Suite 900, San Francsico, CA 94103, USA.
With each call-up of one of the individual pages of the PolyDiagnost website, operated by the controller and featuring a Twitter component (Twitter button), the respective Twitter component causes the internet browser of the data subject’s information technology to download a depiction of the respective Twitter component of Twitter. Further information on the Twitter buttons can be found at https://about.twitter.com/de/resources/buttons. Based on this technical process, Twitter receives information regarding which specific subpage of our website is visited by the data subject. The purpose of the Twitter component is to provide the possibility for users to spread the contents of our website, to make it known to the world and encourage traffic on our website.
When the data subject is simultaneously logged into Twitter, Twitter will recognise with each call-up of our website by the data subject and throughout the entire duration of the website visit which specific subpage of our website is visited by the data subject. This information is collected by the Twitter component and assigned to the Twitter account of the respective data subject. When this person uses one of the Twitter buttons integrated in our website, the data thereby transferred are assigned to the personal Twitter account of the data subject and stored and processed by Twitter.
The Twitter component transfers information on the visit of the data subject on our website to Twitter, whenever the data subject is simultaneously logged into Twitter while visiting our website. This will happen whether or not the data subject clicks on the Twitter component or not. If such a transmission of this information to Twitter is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own Twitter account before a call-up to our website is made.
9. Data Protection Provisions for about the Application and Use of YouTube
On this website the controller has integrated components of YouTube. YouTube is an internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movie and TV broadcasts, as well as music videos, trailers or videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
With each call-up to one of the individual pages of this internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component of YouTube. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. In course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.
YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
10. Legal Basis of the Data Processing
Article 6 I point a) of the GDPR provides a legal basis for our company regarding processing for which we seek consent for a specific processing purpose. If the processing of personal data necessary for the performance of a contract of which the data subject is the contracting party, as is for example the case in processing measures necessary for the delivery of goods or to supply another service or consideration, the processing shall be based on Article 6 I point b) of the GDPR. The same applies to types of processing necessary for the performance of pre-contractual measures, as would be the case in product or service inquiries. When our company is subject to a legal obligation for which the processing of personal data becomes necessary, as is the case for the fulfilment of tax obligations, then the processing shall be based on Article 6 I point c) of the GDPR. In rare cases, the processing of personal data may become necessary for the purpose of protecting vital interests of the data subject or another natural person. As an example, this may be the case if a visitor is injured during their stay on our premises and therefore his or her name, age, heath insurance data, or other vital information needed to be passed on to a doctor, hospital or another third party. In this case, the legal base for the data processing is Article 6 I point d) of the GDPR. Ultimately, processing can be based on Article I point f) of the GDPR. This forms a legal basis which is not covered by any of the already mentioned legal bases when the data processing with the purpose of respecting a legitimate interest of our company or a third party is necessary, as long as the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing is granted for the specific reason of having been specifically mentioned by the European legislator. The European legislator considered a legitimate interest to be assumed when the data subject is a customer of the controller (Recital 47 paragraph (2) of the GDPR).
11. Legitimate Interests in the Processing Being Pursued by the Controller or a Third Party
Processing of personal data based on Article 6 I point f) of the GDPR, our legitimate interest is the carrying out of our business activity for the benefit of all our employees and shareholders.
12. Storage Duration of Personal Data
The criterion for the duration of the personal data storage period is the respective legal retention period. After the expiration of this period, the respective data are erased as a routine, as long as they are no longer necessary for the performance of the contract or contract initiation.
13. Legal or Contract Regulations for the Provision of Data; Necessity for the Conclusion of Contract: Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Failure to Provide Information
We hereby inform you that the provision of personal data is partially prescribed by law (e.g. tax regulations), or may be a consequence of contractual arrangements (e.g. information on the contracting party). In some cases, it may be necessary for the conclusion of a contract that the data subject provides us with personal data which as a consequence need to be processed by us. The data subject is for example obliged to provide data to us when our company contracts the data subject. Should the data subject fail to provide the personal data, the contract could not be entered. Before the data subject provides personal data, he or she must contact the controller. The controller will then provide in turn the case-by case based information to the data subject on whether the provision of personal data is prescribed by law or contract or necessary for the conclusion of the contract or, whether the data subject is subject to the obligation to provide the data and which consequences failure of provision might entail.