privacy-policy

Privacy Policy

We are very delighted that you have shown interest in our enter­prise. Data protection is of a parti­cu­larly high priority for the management of the BELANO MEDICAL AG. The use of the Internet pages of the BELANO MEDICAL AG 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.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regula­tions appli­cable to the BELANO MEDICAL AG. By means of this data protection decla­ration, our enter­prise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection decla­ration, of the rights to which they are entitled.

As the controller, the BELANO MEDICAL AG has imple­mented numerous technical and organiz­a­tional 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. 

1. Definitions

The data protection decla­ration of the BELANO MEDICAL AG is based on the terms used by the European legis­lator for the adoption of the General Data Protection Regulation (GDPR). Our data protection decla­ration should be legible and under­standable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the termi­nology used.

In this data protection decla­ration, we use, inter alia, the following terms:

• a)    Personal data

  Personal data means any infor­mation relating to an identified or identi­fiable natural person (“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 is processed by the controller respon­sible for the processing.

• c)    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. 

• e)    Profiling

  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. 

• f)     Pseudonymisation

  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. 

• g)    Controller or controller responsible for the processing

  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. 

• h)    Processor

  Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. 

• i)      Recipient

  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.

• k)    Consent

  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: 

BELANO MEDICAL AG

Neuen­dorf­straße 19

16761 Hennigsdorf

Deutschland

Phone: +49 3302 86 37 995

Email: info@belanomedical.com

Website: www.belanomedical.com

3. Collection of general data and information

The website of the BELANO MEDICAL AG collects a series of general data and infor­mation when a data subject or automated system calls up the website. This general data and infor­mation are stored in the server log files. 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, (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, the BELANO MEDICAL AG 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 website technology, and (4) provide law enfor­cement autho­rities with the infor­mation necessary for criminal prose­cution in case of a cyber-attack. Therefore, the BELANO MEDICAL AG analyzes anony­mously collected data and infor­mation statis­ti­cally, with the aim of incre­asing the data protection and data security of our enter­prise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separ­ately from all personal data provided by a data subject.

4. Contact possibility via the website 

The website of the BELANO MEDICAL AG contains infor­mation that enables a quick electronic contact to our enter­prise, as well as direct commu­ni­cation with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data trans­mitted by the data subject are automa­ti­cally stored. Such personal data trans­mitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or conta­cting the data subject. There is no transfer of this personal data to third parties.

5. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legis­lator or 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.

6. 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 any employee of the 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 direc­tives and regula­tions grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients 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 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 any employee of the 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 any employee of the 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, as long as the processing is not 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 to 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 must 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 afore­men­tioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the BELANO MEDICAL AG, he or she may, at any time, contact any employee of the controller. An employee of BELANO MEDICAL AG shall promptly ensure that the erasure request is complied with immediately.

  Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of imple­men­tation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or repli­cation of, those personal data, as far as processing is not required. An employees of the BELANO MEDICAL AG 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 afore­men­tioned condi­tions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the BELANO MEDICAL AG, he or she may at any time contact any employee of the controller. The employee of the BELANO MEDICAL AG 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 personal data trans­mitted directly from one controller to another, where techni­cally feasible and when doing so 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 any employee of the BELANO MEDICAL AG.

• 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.

  The BELANO MEDICAL AG 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 the BELANO MEDICAL AG 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 the BELANO MEDICAL AG to the processing for direct marketing purposes, the BELANO MEDICAL AG 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 the BELANO MEDICAL AG for scien­tific or histo­rical research purposes, or for 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 contact any employee of the BELANO MEDICAL AG. 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, 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 the 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 the decision (1) is necessary for entering into, or the perfor­mance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the BELANO MEDICAL AG 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 contest the decision.

  If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the BELANO MEDICAL AG.

• 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, contact any employee of the BELANO MEDICAL AG.

7. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of appli­cants for the purpose of the processing of the appli­cation procedure. The processing may also be carried out electro­ni­cally. This is the case, in parti­cular, if an applicant submits corre­sponding appli­cation documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relati­onship in compliance with legal requi­re­ments. If no employment contract is concluded with the applicant by the controller, the appli­cation documents shall be automa­ti­cally erased two months after notifi­cation of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

8. Legal basis for the processing 

Art. 6(1) lit. a GDPR serves as the legal basis for processing opera­tions for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the perfor­mance of a contract to which the data subject is party, as is the case, for example, when processing opera­tions are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing opera­tions which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obliga­tions, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital infor­mation would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing opera­tions could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing opera­tions which are not covered by any of the above­men­tioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or funda­mental rights and freedoms of the data subject which require protection of personal data. Such processing opera­tions are parti­cu­larly permis­sible because they have been speci­fi­cally mentioned by the European legis­lator. He consi­dered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR). 

9. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

10. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corre­sponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

11. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data 

We clarify that the provision of personal data is partly required by law (e.g. tax regula­tions) or can also result from contractual provi­sions (e.g. infor­mation on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subse­quently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the conse­quence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the conse­quences of non-provision of the personal data. 

12. Existence of automated decision-making

As a respon­sible company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the German Association for Data Protection that was developed in coope­ration with Privacy Lawyers from WILDE BEUGER SOLMECKE, Cologne.