Privacy policy
Last updated in August 2023
Who we are
Company: WINTER Medizintechnik AG
Address: Oberdorfstrasse 68, 9100 Herisau, Switzerland
Our website address is: https://Biomag Schweiz, operated by WINTER Medizintechnik AG. The same declaration applies to wintermed.ch.
General Notice
Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Confederation (Data Protection Act, DPA), every person has the right to protection of their privacy as well as protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
In cooperation with our hosting providers, we strive to protect the databases as well as possible against unauthorized access, loss, misuse, or falsification.
We point out that data transmission over the Internet (e.g., when communicating by email) can have security vulnerabilities. Complete protection of data against access by third parties is not possible.
By using this website, you agree to the collection, processing, and use of data as described below. This website can generally be visited without registration. In doing so, data such as pages accessed or the name of the retrieved file, date, and time are stored on the server for statistical purposes, without this data being directly related to your person. Personal data, in particular name, address, or email address, are collected on a voluntary basis as far as possible. No data will be passed on to third parties without your consent.
Processing of Personal Data
Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the retention, disclosure, procurement, deletion, storage, modification, destruction, and use of personal data.
We process personal data in accordance with Swiss data protection law. Furthermore, we process – as far as and in so far as the EU GDPR is applicable – personal data in accordance with the following legal bases in connection with Art. 6 Para. 1 GDPR:
lit. a) Processing of personal data with the consent of the data subject.
lit. b) Processing of personal data for the performance of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.
lit. c) Processing of personal data to fulfill a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the GDPR is fully or partially applicable.
lit. d) Processing of personal data to protect the vital interests of the data subject or another natural person.
lit. f) Processing of personal data to safeguard the legitimate interests of us or of third parties, unless the fundamental freedoms and rights as well as interests of the data subject prevail. Legitimate interests are, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims, and compliance with Swiss law.
We process personal data for the duration necessary for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict the processing accordingly.
Privacy Policy for Cookies
This website uses cookies. These are small text files that make it possible to store specific, user-related information on the user's end device while they are using the website. Cookies make it possible, in particular, to determine the frequency of use and the number of users of the pages, to analyze behaviors of page use, but also to design our offer to be more customer-friendly. Cookies remain stored beyond the end of a browser session and can be called up again when the page is visited again. If you do not wish this, you should set your internet browser to refuse the acceptance of cookies.
A general objection to the use of cookies used for online marketing purposes can be declared for a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that not all functions of this online offer may then be usable.
Privacy Policy for SSL/TLS Encryption
This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as inquiries that you send to us as site operators. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Privacy Policy for Server Log Files
The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
Browser type and browser version
Operating system used
Referrer URL
Host name of the accessing computer
Time of the server request
This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of concrete indications of illegal use.
Third-Party Services
This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos.
These services of the American Google LLC use cookies, among other things, and as a result, data is transferred to Google in the USA, whereby we assume that no personal tracking takes place in this context solely through the use of our website.
Google has committed to ensuring adequate data protection in accordance with the American-European and the American-Swiss Privacy Shield.
Further information can be found in Google's privacy policy.
Privacy Policy for Contact Form
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.
Privacy Policy for Newsletter Data
If you would like to receive the newsletter offered on this website, we require an email address from you as well as information that allows us to verify that you are the owner of the email address provided and agree to receive the newsletter. No further data is collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.
You can revoke your consent to the storage of data, the email address, and its use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter.
Privacy Policy for Comment Function on this Website
For the comment function on this website, in addition to your comment, information about the time the comment was created, your email address and, if you do not post anonymously, the username you chose will be stored.
Storage of the IP address
Our comment function stores the IP addresses of users who write comments. Since we do not check comments on our site before they are approved, we need this data to be able to take action against the author in the event of legal violations such as insults or propaganda.
Subscribing to comments
As a user of the site, you can subscribe to comments after registering. You will receive a confirmation email to check whether you are the owner of the email address provided. You can unsubscribe from this function at any time via a link in the info emails.
Privacy Policy for Right to Information, Deletion, Blocking
You have the right to free information about your stored personal data, its origin and recipient and the purpose of data processing at any time, as well as a right to correct, block or delete this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address given in the imprint.
Paid Services
To provide paid services, we request additional data, such as payment details, in order to execute your order or contract. We store this data in our systems until the statutory retention periods have expired.
Use of Google Maps
This website uses the Google Maps API to display geographical information visually. When Google Maps is used, Google also collects, processes, and uses data about the use of the map functions by visitors. You can find more detailed information about data processing by Google in the Google privacy notices. There you can also change your personal privacy settings in the Privacy Center.
Detailed instructions on managing your own data in connection with Google products can be found here.
Google AdWords
This website uses Google Conversion Tracking. If you reached our website via an advertisement placed by Google, Google AdWords will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an advertisement placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Every Google AdWords customer receives a different cookie. Cookies can therefore not be tracked through the websites of AdWords customers. The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that allows users to be personally identified.
If you do not wish to participate in tracking, you can refuse the setting of a cookie required for this – for example, via a browser setting that generally deactivates the automatic setting of cookies or set your browser so that cookies from the domain "googleleadservices.com" are blocked.
Please note that you must not delete the opt-out cookies as long as you do not want measurement data to be recorded. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.
Use of Google reCAPTCHA
This website uses the reCAPTCHA service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). The query serves to distinguish whether the input is made by a human or by automated, mechanical processing. The query includes sending the IP address and possibly other data required by Google for the reCAPTCHA service to Google. For this purpose, your entry is transmitted to Google and used there. However, your IP address will be shortened beforehand 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 will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha will not be merged with other Google data. Your data may also be transmitted to the USA. An adequacy decision by the European Commission, the "Privacy Shield," is in place for data transfers to the USA. Google participates in the "Privacy Shield" and has submitted to the requirements. By clicking the query, you consent to the processing of your data. Processing is based on Art. 6 (1) lit. a GDPR with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing carried out based on the consent until revocation.
More information on Google reCAPTCHA and the corresponding privacy policy can be found at: https://www.google.com/privacy/ads/
Privacy Policy for Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To deactivate Google Analytics, Google provides a browser plug-in at https://tools.google.com/dlpage/gaoptout?hl=en. Google Analytics uses cookies. These are small text files that make it possible to store specific, user-related information on the user's end device. These enable Google to analyze the use of our website offer. The information collected by the cookie about the use of our pages (including your IP address) is usually transmitted to a Google server in the USA and stored there. We point out that on this website Google Analytics has been extended by the code "gat._anonymizeIp();" to ensure anonymized collection of IP addresses (so-called IP masking). If anonymization is active, Google shortens IP addresses within member states of the European Union or in other contracting states of the Agreement on the European Economic Area, which is why no conclusions can be drawn about your identity. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google complies with the data protection regulations of the "Privacy Shield" agreement and is registered with the "Privacy Shield" program of the US Department of Commerce and uses the information collected to evaluate the use of our websites, to write reports for us in this regard and to provide other related services to us. You can learn more at https://support.google.com/analytics/answer/6004245?hl=en.
Privacy Policy for Google AdSense
This website uses Google AdSense, a service for integrating advertisements from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google AdSense uses so-called "cookies", text files that are stored on your computer and enable an analysis of the use of the website. Google AdSense also uses so-called web beacons (invisible graphics). Through these web beacons, information such as visitor traffic on these pages can be evaluated. The information generated by cookies and web beacons about the use of this website (including your IP address) and delivery of advertising formats is transmitted to a Google server in the USA and stored there. This information can be passed on by Google to contract partners of Google. However, Google will not merge your IP address with other data stored about you. You can prevent the installation of cookies by setting your browser software accordingly; however, we point out that in this case you may not be able to fully use all functions of this website. By using this website, you consent to the processing of data collected about you by Google in the manner and for the purpose described above.
Google Tag Manager
Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus, for example, integrate Google Analytics and other Google marketing services into our online offer. The Tag Manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users' personal data, reference is made to the following information on Google services. Usage guidelines: https://www.google.com/intl/en/tagmanager/use-policy.html.
Privacy Policy for Facebook
This website uses functions of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you access our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. Data is already being transmitted to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be associated with your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular using a comment function or clicking a "Like" or "Share" button, are also passed on to Facebook. You can learn more at https://www.facebook.com/about/privacy.
Privacy Policy for Instagram
Functions of the Instagram service are integrated on our pages. These functions are offered and integrated by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram.
Further information on this can be found in Instagram's privacy policy: http://instagram.com/about/legal/privacy/
Privacy Policy for LinkedIn
This website uses functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Every time you access one of our pages containing LinkedIn functions, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our internet pages with your IP address. If you click LinkedIn's "Recommend button" and are logged into your LinkedIn account, LinkedIn can associate your visit to our website with you and your user account. We point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by LinkedIn.
Further information on this can be found in LinkedIn's privacy policy at: https://www.linkedin.com/legal/privacy-policy
Privacy Policy for Pinterest
On this website, we use social plugins from the social network Pinterest, which is operated by Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103-490, USA ("Pinterest"). When you call up a page that contains such a plugin, your browser establishes a direct connection to Pinterest's servers. The plugin transmits log data to Pinterest's server in the USA. This log data may include your IP address, the address of the visited websites that also contain Pinterest functions, the type and settings of the browser, the date and time of the request, your use of Pinterest, and cookies.
Further information on the purpose, scope, and further processing and use of data by Pinterest, as well as your rights and options in this regard to protect your privacy, can be found in Pinterest's privacy policy: https://about.pinterest.com/en/privacy-policy
Newsletter – Mailchimp
The newsletter is sent using the shipping service provider 'MailChimp', a newsletter sending platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the shipping service provider here. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield agreement and thereby offers a guarantee to comply with the European level of data protection (PrivacyShield). The shipping service provider is used on the basis of our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR and an order processing contract in accordance with Art. 28 Para. 3 S. 1 GDPR.
The shipping service provider can use the recipient's data in pseudonymous form, i.e., without assignment to a user, to optimize or improve its own services, e.g., for technical optimization of the dispatch and presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them themselves or to pass the data on to third parties.
Privacy Policy for YouTube
This website uses plugins of the Google-operated site YouTube. The operator of the pages is 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 is informed which of our pages you have visited.
If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.
Further information on handling user data can be found in YouTube's privacy policy at: https://www.google.de/intl/en/policies/privacy
Order Processing in the Online Shop with Customer Account
We process the data of our customers in accordance with the data protection regulations of the Confederation (Data Protection Act, DPA) and the EU GDPR, within the framework of order processes in our online shop, to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
The processed data includes master data (inventory data), communication data, contract data, payment data, and the persons affected by the processing include our customers, interested parties, and other business partners. Processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery, and customer services. Here we use session cookies, e.g., for storing the cart content, and permanent cookies, e.g., for storing the login status.
Processing is carried out on the basis of Art. 6 Para. 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. In this context, the information marked as required is necessary for the justification and fulfillment of the contract. We only disclose the data to third parties in the context of delivery, payment, or within the framework of statutory permissions and obligations. Data is only processed in third countries if this is necessary for contract fulfillment (e.g., at the customer's request upon delivery or payment).
Users can optionally create a user account, in which they can, in particular, view their orders. During registration, the required mandatory information is communicated to the users. User accounts are not public and cannot be indexed by search engines, e.g., Google. If users have canceled their user account, their data with respect to the user account will be deleted, subject to its retention being necessary for commercial or tax reasons in accordance with Art. 6 Para. 1 lit. c GDPR. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to back up their data upon cancellation before the end of the contract.
In the context of registration and repeated registrations as well as use of our online services, we store the IP address and the time of the respective user action. Storage is based on our legitimate interests, as well as those of the users, in protection against misuse and other unauthorized use. This data is generally not passed on to third parties, unless it is necessary to pursue our claims or there is a statutory obligation to do so in accordance with Art. 6 Para. 1 lit. c GDPR.
Deletion takes place after the expiration of statutory warranty and comparable obligations; the necessity of storing the data is reviewed at irregular intervals. In the case of statutory archiving obligations, deletion takes place after their expiration.
Notice Regarding Data Transfers to the USA (United States of America)
For the sake of completeness, we point out that for users based in Switzerland, there are monitoring measures by US authorities which generally enable the storage of all personal data from Switzerland – which was transmitted to the USA.
This is done without differentiation, restriction, or exception based on the objective pursued and without an objective criterion that makes it possible to restrict the access of US authorities to the data and its subsequent use to specific, strictly limited purposes that are capable of justifying the interference associated with access to this data and its use. Furthermore, we point out that in the USA, for the data subjects from Switzerland, there are no legal remedies that would allow you to gain access to the data concerning you and to obtain its correction or deletion, or no effective judicial legal protection against general access rights of US authorities exists. We explicitly point out this legal and factual situation to the data subject in order to make an appropriately informed decision to consent to the use of their data.
We point out to users residing in an EU member state that from the perspective of the European Union, the USA does not have an adequate level of data protection.
Copyrights
The copyrights and all other rights to content, images, photos, or other files on the website belong exclusively to the operator of this website or the specifically named right holders. For the reproduction of any files, the written consent of the copyright holder must be obtained in advance.
Anyone who commits a copyright infringement without the consent of the respective right holder may be liable to prosecution and possibly liable for damages.
General Disclaimer
All information on our website has been carefully checked. We strive to offer our information up to date, correct in terms of content, and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, meaning that we cannot guarantee the completeness, correctness, and topicality of information, including journalistic-editorial information. Liability claims arising from material or non-material damage caused by the use of the information offered are excluded, unless there is proof of intentional or grossly negligent fault.
The publisher may, at its own discretion and without notice, change or delete texts and is not obliged to update the contents of this website. Use of or access to this website is at the visitor's own risk. The publisher, its clients, or partners are not responsible for damages, such as direct, indirect, accidental, pre-determined, or consequential damages, allegedly caused by visiting this website and consequently assume no liability for this.
The publisher also assumes no responsibility and liability for the content and availability of third-party websites that can be reached via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or violate good morals.
Changes
We can adjust this privacy policy at any time without prior notice. The current version published on our website applies. Insofar as the privacy policy is part of an agreement with you, we will inform you of the change in the event of an update by email or in another suitable manner.
Questions to the Data Protection Officer
If you have any questions about data protection, please write us an email or contact the responsible person in our organization listed at the beginning of the privacy policy directly.
Widnau, 09.06.2022
Source: SwissAnwalt