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Data protection declaration

Version of 25.05.2018 

 

Controller for the data processing which we describe here is 

ACUTRONIC Medical Systems AG
Farbik im Schifli 
8816 Hirzel
Switzerland

If you have any data protection concerns, you can inform us at the following contact address: 

Phone: +41 44 729 70 80
Fax +41 44 729 70 81
E-Mail: GMB-CH-AMS-Support@vyaire.com  

In these data protection declaration we, ACUTRONIC Medical Systems AG [and Advanced Respiratory Care AG] (hereinafter, “ACUTRONIC”, “we” or “us”), explain how we collect and otherwise process personal data. This is not a conclusive description; other data protection declarations or general terms and conditions, terms of participation and similar documents may regulate specific issues. “Personal data” shall be construed to mean all information relating to a specific or identifiable person. 

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please make sure that these persons are familiar with these data protection declaration and only provide us with their personal data if you are permitted to do so and if these personal data are correct. 

Security and protection of your personal data

We consider it our primary duty to protect the confidentiality of the personal data you provide and to protect it from unauthorized access. We therefore apply the utmost care and the latest security standards to ensure maximum protection of your personal data.

As a Swiss company, we are subject to the Swiss Data Protection Act (DSG), which is strongly influenced by EU law. Furthermore, we must comply with the data protection declaration of the European General Data Protection Regulation (GDPR). We have therefore taken technical and organisational measures under both legal systems to ensure that the data protection regulations are observed both by us and by our external service providers. 

Definitions

Legislators require that personal data be processed in a lawful fashion, in good faith and in a manner that is comprehensible to the data subject ("legality, processing in good faith, transparency"). In order to ensure this, we inform you below about the individual legal definitions which are also used in these data protection declaration:

1. Personal data
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter, a "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 specific characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

2. Processing
"Processing" means any operation carried out, with or without the aid of automated procedures, or any such series of operations relating to personal data, such as the 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.

3. Restriction of processing
"Restriction on processing" means the marking of stored personal data with the aim of limiting their processing in the future.

4. 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.

5. Pseudonymization
"Pseudonymisation" means 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 this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person.

6. Filing system
"Filing system" means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

7. Controller
"Controller" means a natural or legal person, public authority, agency or another 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 specified 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.

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

9. Recipient
"Recipient" means a natural or legal person, public authority, agency or another body to which 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.

10. Third parties
"Third party" means 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.

11. Consent
“consent” of the data subject means 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.

Legality of processing

The processing of personal data is only lawful if there is a legal basis for the processing. According to Article 6(1), Literi a - f GDPR, the legal basis for processing may in particular be:

 

  
  1. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
  2. processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract;
  3. processing is necessary for compliance with a legal obligation to which the controller is subject;
  4. processing is necessary in order to protect the vital interests of the data subject or another natural person;
  5. 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;
  6. processing is necessary for the purposes of the legitimate interests pursued by the controller 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, in particular where the data subject is a child.

Information about the collection of personal data

(1) Below we inform you about the collection of personal data when using our website. Personal data include, for example, name, address, e-mail addresses, user behavior. 

(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, if applicable your name and telephone number) will be stored by us in order to answer your questions. We delete the data arising in this context after storage is no longer necessary, or processing is restricted if statutory retention obligations exist.

Collection of personal data when you visit our website

When using the website for information purposes only, i.e. if you do not register or otherwise provide us information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Article 6(1), Sentence 1, Litera f GDPR):

  • IP address
  • date and time of the request
  • time zone difference to Greenwich Mean Time (GMT)
  • content of the request (specific page)
  • access status/HTTP status code
  • the volume of data transferred in each case
  • website from which the request comes
  • browser
  • operating system and its interface
  • language and version of the browser software

Use of cookies

(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk in the browser you use through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the website more user-friendly and effective overall.

(2) This website uses the following types of cookies, the scope and functionality of which are explained below:

  • transient cookies (see a.),
  • persistent cookies (see b.).
  1. Transient cookies are automatically deleted when you close your browser. This includes in particular the session cookies. These store a so-called “session ID”, with which different requests of your browser can be assigned to the common session. This allows your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close your browser.
  2. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.
  3. You can configure your browser settings according to your wishes and, for instance, refuse to accept third party or all cookies. “Third party cookies" are cookies that have been set by a third party and therefore not by the actual website you are currently visiting. Please note that you may not be able to use all functions of this website by deactivating cookies.
  4. We use cookies to identify you for follow-up visits if you have an account with us. Otherwise, you would have to log in again for each visit.

Further functions and offerings on our website

(1) In addition to the strictly informational use of our website, we offer various services that you can use if interested. As a rule, you must provide further personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.

(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.

(3) Furthermore, we may pass your personal data on to third parties if we offer campaigns, contests, contracts or similar benefits together with partners. For further information, please provide your personal data or refer to the description of the offer below.

(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.

Children

Our offerings are basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

Rights of the data subject

(1) Revocation of consent

If the processing of personal data is based on a given consent, you have the right to revoke the consent at any time. The revocation of consent does not affect the legality of the processing carried out based on the consent until the revocation.

You can contact us at any time to exercise your revocation right.

(2) Right to confirmation

You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request this confirmation at any time using the above contact details.

(3) Right to information

If personal data are processed, you can request information about this personal data and about the following information at any time: 

  1. the purposes of processing;
  2. the categories of personal data being processed;
  3. the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations;
  4. if possible, the planned duration for which the personal data will be stored or, if this is not feasible, the criteria for determining this duration;
  5. the existence of a right to have your personal data concerning you rectified or deleted or to have the controller restrict such processing or to object to such processing;
  6. the existence of a right of complain to a supervisory authority;
  7. if the personal data are not collected from the data subject, all available information on the origin of the data;
  8. the existence of automated decision-making, including profiling in accordance with Article 22, Paragraphs 1 and 4 GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

If personal data are transferred to a third country or an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer. We provide a copy of the personal data that are the subject of the processing. We may charge an appropriate fee based on administrative costs for any additional copies you request. If you submit the request electronically, the information will be provided in a common electronic format, unless specified otherwise. The right to obtain a copy pursuant to Paragraph 3 may not prejudice the rights and freedoms of other persons.

(4) Right to correction   

You have the right to request us to correct any inaccurate personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, also by means of a supplementary declaration.

 (5) Right to deletion ("Right to be forgotten")

You have the right to request the controller to delete personal data relating to you without delay, and we are obliged to delete personal data without delay if one of the following reasons applies:

  1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. The data subject revokes his or her consent on which the processing pursuant to Article 6(1)a or Article 9(2)a GDPR was based and there is no other legal basis for the processing.
  3. The data subject opposes the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for processing or the data subject opposes processing pursuant to Article 21(2) GDPR.
  4. The personal data were processed unlawfully.
  5. The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member State to which the controller is subject.
  6. The personal data have been collected in relation to information society services offered pursuant to Article 8(1) GDPR.

If the controller has made the personal data public and is obliged to delete them in accordance with Paragraph 1, it shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform the data processors who process the personal data that a data subject has requested that they delete all links to these personal data or copies or replications of these personal data.

The right to deletion ("right to be forgotten") does not exist if the processing is necessary: 

  • to exercise the right to freedom of expression and information;
  • for the performance of a legal obligation required for processing in accordance with the law of the Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health pursuant to Article 9(2), Literi h and i and Article 9(3) GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, where the right referred to in Paragraph 1 is likely to render impossible or seriously prejudice the realization of the objectives of such processing; or
  • to assert, exercise or defend against legal claims.

(6)  Right to restriction of processing

You have the right to request us to restrict the processing of your personal data if one of the following conditions applies:

  1. the accuracy of the personal data is disputed by the data subject and for a period which enables the controller to verify the accuracy of the personal data;
  2. the processing is unlawful and the data subject refuses to delete the personal data and instead requests a restriction on the use of the personal data;
  3. the controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the purpose of asserting, exercising or defending against legal claims, or
  4. the data subject has lodged an objection to the processing pursuant to Article 21(1) GDPR until it has been established whether the legitimate grounds of the controller outweigh those of the data subject.

If processing has been restricted in accordance with the above prerequisites, such personal data will only be processed, apart from being stored, with the consent of the data subject or for the purpose of asserting, exercising or defending against rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State. 

In order to exercise the right to restrict processing, the data subject may contact us at any time at the above contact details. 

(7) Right to data transferability

You have the right to receive the personal data concerning you that you have provided to us in a structured, current and machine-readable format and you have the right to transmit these data to another controller without interference by the controller to whom the personal data have been made available, provided:

  1. processing is based on consent pursuant to Article 6(1)a or Article 9(2)a or on a contract pursuant to Article 6(1)b GDPR, and
  2. processing is carried out using automated methods.

When exercising the right to data transferability pursuant to Paragraph 1, you have the right to have the personal data transferred directly from one controller to another, insofar as this is technically feasible. The exercise of the right to data transferability does not affect the right to deletion ("right to be forgotten"). This right does not apply to any processing necessary for the performance of a task in the public interest or in the exercise of official authority vested in the controller.

(8) Right of objection

You have the right to object at any time to the processing of personal data concerning you under Article 6(1), Literi e or f GDPR for reasons arising from your particular situation, including any profiling based on these regulations. The controller will no longer process personal data, unless it can document compelling grounds for processing that outweigh the interests, rights and freedoms of the data subject or the processing serves to assert, exercise or defend against legal claims.

If personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right of opposition by means of automated procedures using technical specifications.

You have the right to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1), for reasons arising from your particular situation, unless such processing is necessary for the performance of a task in the public interest.

You can exercise your right of objection at any time by contacting the controller.

(9) Automated decisions in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing - including profiling - that has legal effect against you or significantly impairs you in a similar fashion. This does not apply if the decision:

  1. is necessary for the conclusion or performance of a contract between the data subject and the controller;
  2. is admissible by law of the Union or of the Member States to which the controller is subject and that law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject; or
  3. with the express consent of the data subject.

The controller will take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at minimum the right of the data subject to obtain the intervention of a person from the controller and to express his or her own views and to challenge the decision.

The data subject may exercise this right at any time by contacting the controller concerned.

(10) Right of lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, particularly in the Member State of your place of residence or your place of work or the place of the alleged infringement, if the data subject considers that the processing of the personal data concerning him or her is contrary to the GDPR. 

(11) Right to an effective judicial remedy

Without prejudice to any available administrative or extrajudicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under the GDPR to have been infringed as a result of the processing of your personal data in breach of the Regulation.

Use of Google Analytics

(1) This website uses Google Analytics, a web analysis service of Google Inc. "("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the United States and stored there. However, if IP anonymisation is activated on this website, Google will reduce your IP address within Member States of the European Union or in other states party to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the US and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to the website and Internet use.

(2) The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

(3) You may prevent the storage of cookies by selecting the appropriate settings on your browser; however, please note that if you do so, you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing these data by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

(4) This website uses Google Analytics with the extension “_anonymizeIp()”. As a result, IP addresses are further processed in abbreviated form, so as to rule out any personal relationship. Insofar as the data collected about you is personal, it will be immediately excluded and the personal data will be deleted without delay.

(5) We use Google Analytics to analyse and regularly improve the use of our website. We can improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data are transferred to the United States, Google has submitted to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Article 6(1), Sentence 1, Litera f GDPR. 

(6) Third party information: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms and conditions of use: 

www.google.com/analytics/terms/de.html, overview of data protection: www.google.com/intl/de/analytics/learn/privacy.html, as well as the data protection declaration: http://www.google.de/intl/de/policies/privacy.

(7) This website also uses Google Analytics for device-independent analysis of visitor flows, which is carried out via a user ID. In your customer account under "My data", "Personal data", you can deactivate the cross-device analysis of your usage.

Videos and plugins of the video portal YouTube are integrated into this website

This is a service of:

YouTube, LLC
901 Cherry Ave.
San Bruno, CA 94066 
USA

When you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established. The YouTube server will be informed which of our pages you have visited.

If you are logged into your YouTube account, you allow YouTube to associate your surfing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.

For more information on how user data is handled, please see YouTube's privacy policy at www.google.de/intl/de/policies/privacy

Web fonts from Typekit are integrated into this website.

This is a service of:

Adobe Systems Incorporated
345 Park Avenue 
San Jose, CA 95110-2704 
USA 
E-Mail: privacy@adobe.com

To provide the Typekit service, Adobe may collect information about the fonts served to your website. The information is used for the purposes of billing and compliance and may include:

  • fonts served
  • kit ID 
  • account ID (identifies the customer the kit is from)
  • service providing the fonts (e.g. Typekit or Edge Web Fonts)
  • application requesting the fonts (e.g. Adobe Muse)
  • server serving the fonts (e.g. Typekit server or Enterprise CDN)
  • host name of loading the fonts 

Adobe does not place or use cookies on Web pages to serve fonts when providing the Typekit service. The Adobe Typekit Privacy Policy can be found here: www.adobe.com/privacy/policies/typekit.html

Social media plug-ins are integrated into this website.

We also use plug-ins from social networks such as Facebook, Twitter, Google+, Pinterest or Instagram on our website. You can see this in each case (typically via corresponding symbols). We have configured these elements to be disabled by default. If you activate them (by clicking), the operators of the respective social networks can register that you are on our site and where and can use this information for their purposes. The processing of your personal data is then the responsibility of that operator according to its data protection provisions. We do not receive any information about you from them. 

Processors

We use external service providers (processors), e.g. for the dispatch of goods, newsletters and payment processing. A separate data processing agreement has been concluded with the service provider in order to guarantee the protection of your personal data. 

We cooperate with the following service providers:

Formvermittlung GbR
Sternstrasse 81b
20357 Hamburg

Julian Oberhoff – bureauoberhoff
Sternstr. 81B 
20357 Hamburg

Modifications

We may revise this data protection declaration at any time without notice. The current version published on our website is applicable. If the data protection declaration forms part of an agreement with you, we will notify you of the change by e-mail or other appropriate means in the event of an update.