Who we are

Company: WINTER Medizintechnik AG

Address: Oberdorfstrasse 68, 9100 Herisau, Switzerland

The address of our website is: https://wintermed.ch.

General notice

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Confederation (Data protection Act, FADP), every person has the right to protection of their privacy and 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 make every effort to protect the databases as well as possible against unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) may have security vulnerabilities. Complete protection of data against access by third parties is not possible.

By using this WebSite, you consent to the collection, processing and use of data in accordance with the following description. This WebSite can generally be visited without registration. Data such as pages accessed or names of retrieved files, 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 e-mail address, is collected on a voluntary basis where possible. Without your consent, the data will not be passed on to third parties.

Processing of personal data

Personal data is all 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, erasure, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process personal data—if and insofar as the EU GDPR is applicable—pursuant to 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 and for the implementation of corresponding pre-contractual measures.

• lit. c) Processing of personal data for compliance with a legal obligation to which we are subject under any applicable law of the EU or under any applicable law of a country in which the GDPR is applicable in whole or in part.

• lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.

• lit. f) Processing of personal data in order to safeguard our legitimate interests or those of third parties, provided that the fundamental freedoms and fundamental rights and interests of the data subject do not prevail. Legitimate interests include, 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 required 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 processing accordingly.

Privacy policy for cookies

This WebSite uses cookies. These are small text files that make it possible to store specific information relating to the user on the user's device while they use the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze patterns of page use, and also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be retrieved again when the page is visited again. If you do not want 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 many of the 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 in this case not all functions of this online offer may be available.

Privacy policy for SSL/TLS encryption

For security reasons and to protect the transmission of confidential content, such as the inquiries you send to us as the site operator, this website uses SSL/TLS encryption. 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

• Hostname 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 review this data subsequently if we become aware of specific indications of unlawful use.

Third-party services

This WebSite may use Google Maps to embed maps, Google Invisible reCAPTCHA to protect against bots and spam, and YouTube to embed 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 undertaken to ensure adequate data protection in accordance with the American-European and 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 the event of follow-up questions. We will not pass on this data without your consent.

Privacy policy for newsletter data

If you would like to subscribe to the newsletter offered on this WebSite, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and that you consent to receiving 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 may Withdraw your consent to the storage of the data, the e-mail 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 on the time the comment was created, your e-mail address and, if you do not post anonymously, the username you selected are stored.

Storage of the IP address

Our comment function stores the IP addresses of users who write comments. Since we do not review comments on our site before they are approved, we need this data in order 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 e-mail to check whether you are the owner of the specified e-mail address. You can unsubscribe from this function at any time via a link in the information e-mails.

Privacy policy for right to information, erasure, blocking

You have the right at any time to free information about your stored personal data, its origin and recipients and the purpose of the data processing, as well as a right to rectification, blocking or erasure of this data. For this and for further questions on the subject of personal data, you can contact us at any time at the address provided in the imprint.

Paid services

To provide paid services, we request additional data from you, such as payment details, in order to be able to execute your order or your assignment. 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 visually display geographical information. When using Google Maps, Google also collects, processes and uses data about visitors' use of the map functions. You can find more detailed information about data processing by Google in Google's data protection notices . There you can also change your personal data protection settings in the data protection 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 have reached our WebSite via an advertisement placed by Google, Google Adwords will place a cookie on your computer. The conversion tracking cookie is set when a user clicks on an advertisement placed by Google. These cookies expire 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 advertisement and was redirected to this page. Each Google AdWords customer receives a different cookie. Cookies can therefore not be tracked across the websites of AdWords customers. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their advertisement and were redirected to a page equipped with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

If you do not want to participate in tracking, you can refuse the setting of a cookie required for this—for example by using a browser setting that generally disables the automatic setting of cookies, or by setting your browser to block cookies from the domain “googleleadservices.com”.

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 the purpose of distinguishing whether the input is made by a human or by automated, machine processing. The query includes the shipping of the IP address and, if applicable, further data required by Google for the reCAPTCHA service to Google. For this purpose, your input is transmitted to Google and further used there. However, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred 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 data from Google. Your data may also be transmitted to the USA in this process. For data transfers to the USA, an adequacy decision by the European Commission, the “Privacy Shield”, is in place. Google participates in the “Privacy Shield” and has submitted to its requirements. By activating the query, you consent to the processing of your data. Processing is carried out on the basis of Art. 6 (1) lit. a GDPR with your consent. You may Withdraw your consent at any time without affecting the lawfulness of processing carried out on the basis of consent before withdrawal.

More detailed information about Google reCAPTCHA and the associated 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 of 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=de . Google Analytics uses cookies. These are small text files that make it possible to store specific information relating to the user on the user's device. These enable Google to analyze the use of our website offering. 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 would like to 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 to the Agreement on the European Economic Area, meaning that no conclusions can be drawn about your identity. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google observes the data protection provisions of the “Privacy Shield” agreement and is registered with the “Privacy Shield” program of the U.S. Department of Commerce and uses the collected information to evaluate the use of our websites, to compile reports for us in this regard and to provide us with other related services. Learn more at https://support.google.com/analytics/answer/6004245?hl=de.

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. GoogleAdSense uses so-called “cookies”, text files that are stored on your computer and enable analysis of the use of the website. Google AdSense also uses so-called web beacons (invisible graphics). These web beacons can be used to evaluate information such as visitor traffic on these pages. 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 may be passed on by Google to Google's contractual partners. However, Google will not merge your IP address with other data stored by you. You can prevent the installation of cookies by making the appropriate setting in your browser software; however, we would like to point out that in this case you may not be able to use all functions of this website in full. By using this website, you consent to the processing of data collected about you by Google in the manner described above and for the purpose stated above.

Google Tag Manager

Google Tag Manager is a solution that allows us to manage so-called website tags via an interface and thus integrate, for example, Google Analytics and other Google marketing services into our online offering. The Tag Manager itself, which implements the tags, does not process users' personal data. 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/de/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 our pages with Facebook plug-ins are accessed, a connection is established between your browser and Facebook's servers. Data is already transmitted to Facebook in the process. If you have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or clicking a “Like” or “Share” button, are also passed on to Facebook. Learn more at https://de-de.facebook.com/about/privacy.

Privacy policy for Instagram

Functions of the Instagram service are integrated on our pages. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to assign your visit to our pages to your user account. We would like to 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. Each time one of our pages containing LinkedIn functions is accessed, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our websites with your IP address. If you click the LinkedIn “Recommend button” and are logged into your LinkedIn account, LinkedIn is able to assign your visit to our website to you and your user account. We would like to 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 of the Pinterest social network, which is operated by Pinterest Inc., 808 Brannan Street San Francisco, CA 94103-490, USA (“Pinterest”). When you access a page that contains such a plugin, your browser establishes a direct connection to Pinterest's servers. The plugin transmits log data to the Pinterest server in the USA. This log data may contain 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 manner of using Pinterest and cookies.

Further information about the purpose, scope and further processing and use of data by Pinterest, as well as your related rights and options for protecting your privacy, can be found in Pinterest's data protection notices: https://about.pinterest.com/de/privacy-policy

Newsletter – Mailchimp

The newsletter is sent using the shipping service provider ‘MailChimp’, a newsletter mailing platform of the U.S. provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the data protection provisions of the shipping service provider here . The Rocket Science Group LLC d/b/a MailChimp is certified under the privacy Shield agreement and thereby provides a warranty of compliance with the European level of data protection (PrivacyShield). The shipping service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR and an order processing agreement pursuant to Art. 28 para. 3 sentence 1 GDPR.

The shipping service provider may use the recipients' 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 shipping and display 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 itself or to pass the data on to third parties.

Privacy policy for YouTube

This WebSite uses plugins from the YouTube site operated by Google. 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 YouTube's servers is established. The YouTube server is informed which of our pages you have visited.

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

Further information on the handling of user data can be found in YouTube's privacy policy at: https://www.google.de/intl/de/policies/privacy

Order processing in the online shop with customer account

We process our customers' data in accordance with the data protection provisions of the Confederation (Data protection Act, FADP) and the EU GDPR, as part of the order processes in our online shop, in order to enable them to select and order the chosen products and services, as well as to make 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 within the operation of an online shop, billing, Dispatch and customer services. Here we use session cookies, e.g. for storing the contents of the Shopping cart, and permanent cookies, e.g. for storing the login status.

Processing is carried out on the basis of Art. 6 para. 1 lit. b (performance of order processes) and c (legally required archiving) GDPR. The information marked as required is necessary for the establishment and performance of the contract. We disclose the data to third parties only within the scope of Dispatch, payment or within the scope of legal permissions and obligations. The data is processed in third countries only if this is necessary for the performance of the contract (e.g. at the customer's request for Dispatch or payment).

Users may 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. The user accounts are not public and cannot be indexed by search engines, e.g. Google. If users have terminated their user account, their data with regard to the user account will be deleted, subject to retention being necessary for commercial or tax law reasons pursuant to Art. 6 para. 1 lit. c GDPR. Information in the customer account remains until it is deleted, followed by archiving in the event of a legal obligation. It is the users' responsibility to secure their data before the end of the contract after termination.

As part of registration and renewed logins as well as the 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 the users' interests 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 legal obligation to do so pursuant to Art. 6 para. 1 lit. c GDPR.

Deletion takes place after the expiry of statutory warranty and comparable obligations; the necessity of retaining the data is reviewed at irregular intervals. In the case of statutory archiving obligations, deletion takes place after their expiry.

Notice regarding data transfers to the USA (United States of America)

For the sake of completeness, we would like to point out that users based in Switzerland are subject to surveillance measures by U.S. authorities, which generally allow the storage of all personal data from Switzerland that has been transferred to the USA.

This is done without differentiation, limitation or exception based on the objectives pursued and without an objective criterion that would make it possible to limit the access of U.S. authorities to the data and their subsequent use to very specific, strictly limited purposes that are capable of justifying the interference associated both with access to this data and with its use. We also point out that in the USA, data subjects from Switzerland have no legal remedies that would allow them to obtain access to the data concerning them and to obtain its rectification or erasure, nor is there effective judicial protection against general access rights of U.S. authorities. We explicitly inform data subjects of this legal and factual situation in order to enable them to make an appropriately informed decision regarding consent to the use of their data.

We point out to users resident in a member state of the EU 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 rights 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 rights holder may be liable to prosecution and, where applicable, liable for damages.

General disclaimer of liability

All information in our Internet offering has been carefully checked. We make every effort to provide our information offering in an up-to-date, factually correct and complete manner. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot assume any warranty for the completeness, accuracy and timeliness of information, including information of a journalistic-editorial nature. Liability claims arising from damages of a material or non-material nature caused by the use of the information provided are excluded, unless there is demonstrably intentional or grossly negligent fault.

The publisher may change or delete texts at its own discretion and without notice and is not obliged to update the content 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, incidental, specifically foreseeable or consequential damages, allegedly caused by visiting this website, and consequently assume no liability for them.

The publisher also assumes no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher hereby expressly distances itself from all third-party content that may be relevant under criminal or liability law or that violates common decency.

Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website applies. If the privacy policy is part of an agreement with you, we will inform you of the change by e-mail or by other appropriate means in the event of an update.

Questions for the data protection officer

If you have any questions about data protection, please send us an e-mail or contact directly the person responsible for data protection in our organization who is listed at the beginning of the privacy policy.

Widnau, 09.06.2022
Source: SwissAnwalt