Privacy Policy

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 W  Medical Systems GmbH. 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 W Medical Systems GmbH 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 W Medical Systems GmbH 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: 

W Medical Systems GmbH

Sohnreystr. 4

37697 Lauenförde

Germany

Phone: 05273 3894506

Email: info@wmedicalsystems.com

Website: www.wmedicalsystems.com

3. Cookies

The Internet pages of the W Medical Systems GmbH use cookies. Cookies  are text files that are stored in a computer system via an Internet  browser.

Many Internet sites and servers use cookies. Many cookies contain a  so-called cookie ID. A cookie ID is a unique identifier of the cookie.  It consists of a character string through which Internet pages and  servers can be assigned to the specific Internet browser in which the  cookie was stored. This allows visited Internet sites and servers to  differentiate the individual browser of the dats subject from other  Internet browsers that contain other cookies. A specific Internet  browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the W Medical Systems GmbH can provide  the users of this website with more user-friendly services that would  not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can  be optimized with the user in mind. Cookies allow us, as previously  mentioned, to recognize our website users. The purpose of this  recognition is to make it easier for users to utilize our website. The  website user that uses cookies, e.g. does not have to enter access data  each time the website is accessed, because this is taken over by the  website, and the cookie is thus stored on the user's computer system.  Another example is the cookie of a shopping cart in an online shop. The  online store remembers the articles that a customer has placed in the  virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies  through our website by means of a corresponding setting of the Internet  browser used, and may thus permanently deny the setting of cookies.  Furthermore, already set cookies may be deleted at any time via an  Internet browser or other software programs. This is possible in all  popular Internet browsers. If the data subject deactivates the setting  of cookies in the Internet browser used, not all functions of our  website may be entirely usable.

4. Collection of general data and information

The website of the W Medical Systems GmbH 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 W Medical Systems  GmbH 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 W Medical Systems  GmbH 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.

5. Contact possibility via the website

The website of the W Medical Systems GmbH 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.

6. 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.

7. Rights of the data subject

a) Right of confirmation

    Each data subject shall have the right granted by the European  legislator to obtain from the controller the confirmation as to whether  or not personal data concerning him or her are being processed. If a  data subject wishes to avail himself of this right of confirmation, he  or she may, at any time, contact 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 W Medical  Systems GmbH, he or she may, at any time, contact any employee of the  controller. An employee of W Medical Systems GmbH 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 W Medical Systems GmbH 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 W Medical Systems GmbH, he or she may at any time contact  any employee of the controller. The employee of the W Medical Systems  GmbH 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 W Medical Systems GmbH.

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 W Medical Systems GmbH 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 W Medical Systems GmbH 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 W Medical  Systems GmbH to the processing for direct marketing purposes, the W  Medical Systems GmbH 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 W Medical Systems GmbH 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 W Medical Systems GmbH. 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 W Medical Systems GmbH 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 W Medical Systems GmbH.

 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 W  Medical Systems GmbH.

8. Data protection provisions about the application and use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that allow an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent 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 other services related to website activity and internet usage to the website operator. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. 

For more information about Terms of Use and Privacy, please see the Google Analytics Terms or the Google Analytics Overview. We point out that on this website Google Analytics was extended by the code "gat._anonymizeIp ();"to ensure the anonymous collection of IP addresses (so-called IP masking).

9. reCAPTCHA

To protect your requests via the internet form, we use the reCAPTCHA service of Google Inc. (Google). The query is used to distinguish whether the input is made by a human or abusively by automated, mechanical processing. The query includes the sending of the IP address and any other data required by Google for the reCAPTCHA service. For this purpose, your input will be 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 sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of this service. The IP address sent by your browser as part of reCaptcha will not be merged with other data provided by Google. This data is subject to the deviating privacy policies of Google. For more information about Google's privacy policy, please visit: https://www.google.com/intl/de/policies/privacy/

10. Payment Method: Data protection provisions about the use of PayPal as a payment processor

On this website, the controller has integrated components of PayPal.  PayPal is an online payment service provider. Payments are processed via  so-called PayPal accounts, which represent virtual private or business  accounts. PayPal is also able to process virtual payments through credit  cards when a user does not have a PayPal account. A PayPal account is  managed via an e-mail address, which is why there are no classic account  numbers. PayPal makes it possible to trigger online payments to third  parties or to receive payments. PayPal also accepts trustee functions  and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l.  & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject chooses "PayPal" as the payment option in the  online shop during the ordering process, we automatically transmit the  data of the data subject to PayPal. By selecting this payment option,  the data subject agrees to the transfer of personal data required for  payment processing.

The personal data transmitted to PayPal is usually first name, last  name, address, email address, IP address, telephone number, mobile phone  number, or other data necessary for payment processing. The processing  of the purchase contract also requires such personal data, which are in  connection with the respective order.

The transmission of the data is aimed at payment processing and fraud  prevention. The controller will transfer personal data to PayPal, in  particular, if a legitimate interest in the transmission is given. The  personal data exchanged between PayPal and the controller for the  processing of the data will be transmitted by PayPal to economic credit  agencies. This transmission is intended for identity and  creditworthiness checks.

PayPal will, if necessary, pass on personal data to affiliates and  service providers or subcontractors to the extent that this is necessary  to fulfill contractual obligations or for data to be processed in the  order.

The data subject has the possibility to revoke consent for the  handling of personal data at any time from PayPal. A revocation shall  not have any effect on personal data which must be processed, used or  transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of PayPal may be retrieved  under https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

11. 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).

12. 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.

13. 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.

14. 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.

15. 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.