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Privacy Policy

This privacy policy informs you about the type, scope, and purpose of the processing of personal data (hereinafter briefly referred to as "data") within our online offer and the associated websites, functions, and content as well as external online presences, such as our social media profiles (hereinafter collectively referred to as "online offer"). With regard to the terms used, such as "processing" or "responsible party," we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible party

Norman May

Düsseldorfer Str. 78 B

51063 Cologne

Germany

VAT ID No.: DE264409525

Owner: Norman May

Email address: info@medizinische-instrumente-may.de

Link to imprint: https://www.medizinische-instrumente-may.de/impressum/

Types of data processed:

- Master data (e.g., names, addresses).
- Contact data (e.g., email, telephone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., visited websites, interest in content, access times).
- Meta-/communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offer (hereinafter we collectively refer to the data subjects as “users”).

Purpose of processing

- Provision of the online offer, its functions and content.
- Responding to contact inquiries and communication with users.
- Security measures.
- Reach measurement/marketing

Used terminology

“Personal data” means all 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 (e.g., cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations performed on personal data, whether or not by automated means. The term is broad and practically includes any handling of data.

“Pseudonymization” means 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 to ensure that the personal data are not assigned to an identified or identifiable natural person;

“Profiling” means any kind of automated processing of personal data consisting of using this personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location of this natural person;

The term “Controller” refers to the natural or legal person, authority, institution, or other body that alone or jointly with others determines the purposes and means of processing personal data.

“Processor” means a natural or legal person, authority, institution, or other body that processes personal data on behalf of the controller;

Relevant legal bases

In accordance with Art. 13 GDPR, we inform you of the legal bases of our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consents is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfill our services and perform contractual measures as well as respond to inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. In cases where vital interests of the data subject or another natural person require processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

Security measures

In accordance with Art. 32 GDPR, taking into account the state of the art, implementation costs, and the nature, scope, circumstances, and purposes of processing as well as the varying likelihood and severity of risk to the rights and freedoms of natural persons, we implement appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.

The measures include in particular ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access related to it, input, transmission, ensuring availability, and their separation. Furthermore, we have established procedures that guarantee the exercise of data subject rights, deletion of data, and response to data threats. Moreover, we consider the protection of personal data already during the development or selection of hardware, software, and procedures, in accordance with the principle of data protection by design and by default (Art. 25 GDPR).

Cooperation with processors and third parties

If we disclose data to other persons and companies (processors or third parties), transmit it to them, or otherwise grant them access to the data in the course of our processing, this only happens on the basis of a legal permission (e.g., if transmission of data to third parties, such as payment service providers, is necessary for contract fulfillment according to Art. 6 para. 1 lit. b GDPR), you have consented, a legal obligation requires it, or based on our legitimate interests (e.g., when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called "order processing contract," this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or this occurs in the context of using third-party services or disclosure or transmission of data to third parties, this only happens if it is necessary to fulfill our (pre)contractual obligations, based on your consent, due to a legal obligation, or based on our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special conditions of Arts. 44 et seq. GDPR are met. That is, the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of an EU-equivalent level of data protection (e.g., for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

Rights of the data subjects

You have the right to request confirmation as to whether data concerning you is being processed and to access this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have the right according to Art. 16 GDPR to request the completion of the data concerning you or the correction of incorrect data concerning you.

You have the right under Art. 17 GDPR to request that the relevant data be deleted without delay, or alternatively, under Art. 18 GDPR, to request a restriction of the processing of the data.

You have the right to request that the data concerning you, which you have provided to us, be received in accordance with Art. 20 GDPR and to demand its transmission to other controllers.

You also have the right pursuant to Art. 77 GDPR to file a complaint with the competent supervisory authority.

Right of withdrawal

You have the right to revoke given consents pursuant to Art. 7 para. 3 GDPR with effect for the future.

Right to object

You can object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection can be made especially against processing for direct advertising purposes.

Cookies and right to object in direct advertising

“Cookies” are small files that are stored on users' computers. Different information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offer and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit the site again after several days. Similarly, such a cookie can store users' interests, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies offered by providers other than the responsible party operating the online offer (otherwise, if they are only that party's cookies, they are called “first-party cookies”).

We can use temporary and permanent cookies and inform about this within the scope of our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Excluding cookies may lead to functional limitations of this online offer.

A general objection to the use of cookies employed for online marketing purposes can be declared for a variety of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by disabling them in the browser settings. Please note that not all functions of this online offer may be available in this case.

Deletion of data

The data we process is deleted or restricted in its processing in accordance with Articles 17 and 18 GDPR. Unless expressly stated within this privacy policy, the data stored with us will be deleted as soon as it is no longer necessary for its purpose and no legal retention obligations oppose the deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. That means the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, storage is carried out in particular for 10 years according to §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, booking documents, commercial books, tax-relevant documents, etc.) and 6 years according to § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).

According to legal requirements in Austria, storage is carried out in particular for 7 years according to § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years for documents related to electronically provided services, telecommunications, broadcasting, and television services provided to non-entrepreneurs in EU member states for which the Mini-One-Stop-Shop (MOSS) is used.

Business-related processing

Additionally, we process
- Contract data (e.g., subject of contract, duration, customer category).
- Payment data (e.g., bank details, payment history)
from our customers, prospects, and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising, and market research.

Order processing in the online shop and customer account

We process the data of our customers within the scope of order processes in our online shop to enable them to select and order the chosen products and services, as well as their payment and delivery or execution.

The processed data includes inventory data, communication data, contract data, payment data, and the persons affected by the processing include our customers, prospects, and other business partners. The processing is carried out for the purpose of providing contractual services within the operation of an online shop, billing, delivery, and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

Processing is based on Art. 6 para. 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as required is necessary for the establishment and fulfillment of the contract. We disclose the data to third parties only within the scope of delivery, payment, or within the framework of legal permissions and obligations towards legal advisors and authorities. Data is processed in third countries only if necessary for contract fulfillment (e.g., at the customer's request for delivery or payment).

Users can optionally create a user account, in which they can, in particular, view their orders. As part of the registration, the required mandatory information is communicated to the users. User accounts are not public and cannot be indexed by search engines. When users have canceled their user account, their data related to the user account will be deleted, subject to retention being necessary for commercial or tax law reasons according to Art. 6 para. 1 lit. c GDPR. Information in the customer account remains until its deletion with subsequent archiving in case of a legal obligation. It is the users' responsibility to secure their data before the contract ends if they have canceled.

As part of registration and re-logins as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as the users' interest in protection against abuse and other unauthorized use. These data are generally not passed on to third parties, except if necessary to enforce our claims or if there is a legal obligation according to Art. 6 para. 1 lit. c GDPR.

Deletion takes place after the expiration of statutory warranty and comparable obligations; the necessity of data retention is reviewed every three years; in the case of statutory archiving obligations, deletion occurs after their expiration (end of commercial law (6 years) and tax law (10 years) retention obligations).

External payment service providers

We use external payment service providers through whose platforms users and we can carry out payment transactions (e.g., each with a link to the privacy policy, Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)

In the context of fulfilling contracts, we use payment service providers based on Art. 6 para. 1 lit. b. GDPR. Otherwise, we use external payment service providers based on our legitimate interests according to Art. 6 para. 1 lit. f. GDPR to offer our users effective and secure payment options.

The data processed by the payment service providers include master data, such as name and address, bank data, such as account numbers or credit card numbers, passwords, TANs, and checksums, as well as contract, amount, and recipient-related information. The information is necessary to carry out the transactions. However, the entered data is only processed and stored by the payment service providers. That means we do not receive any account- or credit card-related information, only information confirming or denying the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. This transmission serves the purpose of identity and creditworthiness verification. For this, we refer to the terms and conditions and privacy notices of the payment service providers.

The terms and conditions and privacy notices of the respective payment service providers apply to payment transactions, which can be accessed within the respective websites or transaction applications. We also refer to these for further information and the assertion of revocation, information, and other data subject rights.

Administration, financial accounting, office organization, contact management

We process data as part of administrative tasks as well as the organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we handle in the context of providing our contractual services. The legal bases for processing are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. Customers, prospects, business partners, and website visitors are affected by the processing. The purpose and our interest in processing lie in administration, financial accounting, office organization, data archiving, i.e., tasks that serve to maintain our business activities, fulfill our duties, and provide our services. The deletion of data concerning contractual services and contractual communication corresponds to the information given for these processing activities.

We disclose or transmit data to the tax authorities, advisors such as tax consultants or auditors, as well as other fee offices and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, organizers, and other business partners, e.g., for later contact. These mostly company-related data are generally stored permanently.

Business analyses and market research

To operate our business economically, recognize market trends, customer and user wishes, we analyze the data available to us on business transactions, contracts, inquiries, etc. We process master data, communication data, contract data, payment data, usage data, metadata based on Art. 6 para. 1 lit. f. GDPR, whereby the affected persons include customers, prospects, business partners, visitors, and users of the online offer.

The analyses are carried out for the purpose of business evaluations, marketing, and market research. In doing so, we may consider the profiles of registered users with information, e.g., about the services they have used. The analyses serve to increase user-friendliness, optimize our offer, and improve business efficiency. The analyses are for our use only and are not disclosed externally unless they are anonymous analyses with aggregated values.

If these analyses or profiles are personal data, they are deleted or anonymized upon termination of the users, otherwise after two years from the conclusion of the contract. In addition, overall business analyses and general trend determinations are created anonymously whenever possible.

Registration function

Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and processed based on Art. 6 para. 1 lit. b GDPR for the purpose of providing the user account. The processed data includes in particular the login information (name, password, and an email address). The data entered during registration is used for the purposes of using the user account and its purpose.

Users can be informed by email about information relevant to their user account, such as technical changes. If users have terminated their user account, their data regarding the user account will be deleted, subject to any legal retention obligations. It is the users' responsibility to secure their data before the contract ends after termination. We are entitled to irretrievably delete all data stored during the contract period of the user.

In the context of using our registration and login functions as well as the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as the users' interest in protection against abuse and other unauthorized use. A transfer of this data to third parties generally does not take place unless it is necessary to enforce our claims or there is a legal obligation according to Art. 6 para. 1 lit. c GDPR. IP addresses are anonymized or deleted no later than after 7 days.

Contact

When contacting us (e.g., via contact form, email, telephone, or social media), the user's data is processed for handling the contact request and its processing according to Art. 6 para. 1 lit. b) GDPR. The users' data may be stored in a Customer Relationship Management system ("CRM system") or a comparable request organization.

We delete requests if they are no longer necessary. We review the necessity every two years; furthermore, the statutory archiving obligations apply.

With the following information, we inform you about the content of our newsletter as well as the registration, dispatch, and statistical evaluation procedures and your rights to object. By subscribing to our newsletter, you agree to receive it and to the described procedures.

Newsletter content: We send newsletters, emails, and other electronic notifications with promotional information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. If the content of the newsletter is specifically described during registration, it is decisive for the users' consent. Otherwise, our newsletters contain information about our services and us.

Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in procedure. That means you will receive an email after registration asking you to confirm your registration. This confirmation is necessary so that no one can register with foreign email addresses. Newsletter registrations are logged in order to be able to prove the registration process according to legal requirements. This includes storing the registration and confirmation time as well as the IP address. Changes to your data stored with the sending service provider are also logged.

Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name for personal address in the newsletter.

The sending of the newsletter and the associated success measurement is based on the consent of the recipients according to Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 para. 2 no. 3 UWG or on the basis of the legal permission according to § 7 para. 3 UWG.

The logging of the registration process is based on our legitimate interests according to Art. 6 para. 1 lit. f GDPR. Our interest is in using a user-friendly and secure newsletter system that serves both our business interests and the expectations of users and also allows us to prove consents.

Cancellation/Revocation - You can unsubscribe from our newsletter at any time, i.e. revoke your consents. A link to unsubscribe from the newsletter can be found at the end of each newsletter. We can store the unsubscribed email addresses for up to three years based on our legitimate interests before deleting them, in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.

Hosting

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services, which we use for the operation of this online offer.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, prospects, and visitors of this online offer based on our legitimate interests in an efficient and secure provision of this online offer according to Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

Google Analytics

Based on our legitimate interests (i.e., interest in analyzing, optimizing, and economically operating our online offer in accordance with Art. 6 para. 1 lit. f. GDPR), we use Google Analytics, a web analytics service from Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by users is usually transmitted to a Google server in the USA and stored there.

Google is certified under the Privacy Shield agreement and thus provides a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on activities within this online offer, and to provide us with other services related to the use of this online offer and internet usage. Pseudonymous usage profiles of users may be created from the processed data.

We use Google Analytics only with IP anonymization enabled. This means the IP address of users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.

The IP address transmitted by the user's browser is not merged with other data from Google. Users can prevent the storage of cookies by adjusting their browser software settings accordingly; furthermore, users can prevent the collection of data generated by the cookie and related to their use of the online offer by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on data usage by Google, settings and objection options can be found in Google's privacy policy (https://policies.google.com/technologies/ads) as well as in the settings for displaying ads by Google (https://adssettings.google.com/authenticated).

The personal data of users is deleted or anonymized after 14 months.

Microsoft Advertising

On our website, we use the online advertising program "Microsoft Advertising" (formerly Bing Ads) of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA ("Microsoft").

Within Microsoft Advertising, we use the so-called "Universal Event Tracking" (UET) to measure conversions and optimize our advertising measures. If you reach our website via an ad from Microsoft Advertising, a code is executed by the UET tag that stores interactions on our website (e.g. page views, purchases). Cookies are set if you have given your consent.

We have integrated the "Consent Mode". This controls whether and how data is transmitted to Microsoft based on your consent in the cookie banner. Without your consent, no cookies are set for advertising purposes.

Processed data: The processed data includes in particular your IP address (possibly shortened), information about the device used (operating system, browser), referrer URL (the previously visited page), date and time of access as well as information about interaction with our advertisements and our website. If you have a Microsoft account and are logged in, Microsoft can assign this data to your account and use it across devices.

Legal basis: The processing of your data and the setting of cookies is carried out exclusively on the basis of your consent according to Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG. You can revoke your consent at any time with effect for the future via our cookie settings.

Third country transfer: Your data is transferred to Microsoft servers in the USA. Microsoft is certified under the EU-U.S. Data Privacy Framework (DPF), ensuring an adequate level of data protection according to Art. 45 GDPR. You can view the certification status here: https://www.dataprivacyframework.gov/s/participant-search

Joint responsibility: For the collection and transmission of data to Microsoft within the framework of the UET tag, we and Microsoft act as joint controllers (Art. 26 GDPR). To the extent that Microsoft subsequently processes the data for its own purposes (e.g. product improvement, profiling), Microsoft acts as an independent controller.

Objection option: In addition to the settings in our cookie banner, you can object to interest-based advertising by Microsoft here: https://account.microsoft.com/privacy/ad-settings. More information about data protection at Microsoft can be found here: https://privacy.microsoft.com/de-de/privacystatement

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke