§ 1 General
§ 2 Data processing for contacting
(1) Processing purpose
Ihre personenbezogenen Daten, die Sie uns im Kontaktformular zur Verfügung stellen, sind für eine Kontaktaufnahme mit uns erforderlich. Sie sind zur Bereitstellung Ihrer personenbezogenen Daten nicht verpflichtet. Ohne Mitteilung Ihrer eMail-Adresse können wir Ihre Anfrage nicht bearbeiten
If you send us an inquiry by e-mail, via a contact form, etc. before concluding a contract, we process the data received in this way in order to carry out pre-contractual measures and, for example, answer your questions about our products.
(2) Legal basis
The legal basis for this processing is Art. 6 para. 1 b) DSGVO.
(3) Recipient categories
Payment service provider, shipping service provider, hosting provider, if applicable merchandise management system, if applicable suppliers (dropshipping).
(4) Storage period
We store the data required for processing the contract until the expiry of the statutory warranty and, if applicable, contractual warranty periods.
We retain the data required by commercial and tax law for the periods specified by law, regularly ten years (cf. Section 257 HGB, Section 147 AO).
The data processed to carry out pre-contractual measures will be deleted as soon as the measures have been carried out and there is no recognizable conclusion of a contract.
§ 4 Information about cookies
(1) Processing purpose
Technically necessary cookies are used on this website. These are small text files that are stored in or by your Internet browser on your computer system. These cookies enable, for example, the insertion of several products into a shopping cart.
(2) Legal basis
The legal basis for this processing is Art. 6 para.1 f) DSGVO.
(3) Legitimate interest
Our legitimate interest is the functionality of our website. The user data collected through technically necessary cookies are not used to create user profiles. This protects your interest in data protection.
(4) Storage period
The technically necessary cookies are usually deleted when the browser is closed. Permanently stored cookies have a varying lifespan from a few minutes to several years.
(5) RIGHT OF OBJECTION
If you do not wish these cookies to be stored, please deactivate the acceptance of these cookies in your Internet browser. However, this may result in a functional restriction of our website. You can also delete permanently stored cookies at any time via your browser.
§ 5 Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis us:
1. right to information
You may request confirmation from us as to whether personal data concerning you is being processed by us.
If such processing exists, you can request information from us about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by us or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and€" at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Ihnen steht das Recht zu, Auskunft darüber zu verlangen, ob die Sie betreffenden personenbezogenen Daten in ein Drittland oder an eine internationale Organisation übermittelt werden. In diesem Zusammenhang können Sie verlangen, über die geeigneten Garantien gem. Art.Â 46 DSGVO im Zusammenhang mit der Übermittlung unterrichtet zu werden.Â
2. right to rectification
You have a right to rectification and/or completion towards us, if the processed personal data concerning you are incorrect or incomplete. We must make the correction without undue delay.
3. right to restriction of processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
(1) if you dispute the accuracy of the personal data concerning you for a period of time that allows us to verify the accuracy of the personal data;
(2) if the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) if we no longer need the personal data for the purposes of processing, but you need it for the assertion, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it has not yet been determined whether the legitimate grounds to which we are entitled outweigh your grounds.
Where the processing of personal data concerning you has been restricted, such data may be processed â€" except for storage â€" only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.
4. right to deletion
a) Obligation to delete
You may request that we delete the personal data concerning you without undue delay, and we are obliged to delete such data without undue delay if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a DSGVO and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which we are subject.
(6) The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.
b) Information to third parties
If we have made the personal data concerning you public and we are obliged to erase it pursuant to Article 17(1) of the GDPR, we shall take reasonable measures, including technical measures, to inform the data controllers processing the personal data that you, as the data subject, have requested erasure of all links to or copies or replications of such personal data, taking into account the available technology and the cost of implementation.
The right to erasure does not exist insofar as the processing is necessary to
(1) to exercise the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
(3) for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) DSGVO;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
(5) to assert, exercise or defend legal claims.
5. right to information
If you have asserted the right to rectification, erasure or restriction of processing against us, we are obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients.
6. right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance, provided that
(1) the processing is based on consent pursuant to Art. 6 Para. 1 lit. a DSGVO or Art. 9 Para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 Para. 1 lit. b DSGVO and
(2) the processing is carried out with the aid of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from us to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
7. right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) (e) or (f) DSGVO; this also applies to profiling based on these provisions.
We will then no longer process the personal data concerning you, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services " notwithstanding Directive 2002/58/EC €" exercise your right to object by means of automated procedures using technical specifications.
8. right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9. automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing -" including profiling -€" which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and us,
(2) is permitted by legislation of the Union or the Member States to which we are subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) is done with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9(1) of the GDPR, unless Art. 9(2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases mentioned in (1) and (3), we take appropriate measures to protect the rights and freedoms as well as your legitimate interests.
10. right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
Person responsible for data processing:
Bauer und Häselbarth – Chirurg GmbH
25479 Ellerau / Germany
Phone: +49 4106 80890