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Privacy Policy

Mandatory Information to be Provided Pursuant to Art. 12 et seq. EU GDPR

Your contact, who is the data controller as defined in the European General Data Protection Regulation (“EU GDPR”) and in other domestic data privacy legislation of the member states or any other data privacy law related provisions is:

Kaneka Medical Europe N.V.
c/o German Branch
Frankfurter Straße 80 - 82
65760 Eschborn, Germany

(hereinafter referred to as “we,” “us” or “our”).

 

The protection of your personal data is important to us. To underscore this importance, we have commissioned a consulting firm specializing in data protection and security to handle these central matters. Our data protection officer is a member of this highly experienced group of experts.

Our consulting firm is:

Magellan Compliance GmbH, Nördliche Münchner Straße 27A, 82031 Grünwald / www.magellan-datenschutz.de

If you have any data protection and data security related questions associated with our company, please contact our data protection officer directly. Email: This email address is being protected from spambots. You need JavaScript enabled to view it. / phone: +49 (0) 6196-96797-0

 

 1. Scope

Principally, we will only process your personal data if this is necessary in order for us to provide you with a functional version of our website and of our content as well as services.

2. Legal basis

If we have obtained your consent to the processing of your personal data, the legal basis for such processing is Art. 6 Sect. 1 S. 1 lit. a) EU GDPR.

If we process your personal data with the aim of meeting contractual mandates or in conjunction with the negotiation of a contractual relationship, the legal basis for the processing of such data is Art. 6 Sect. 1 S. 1 lit. b) EU GDPR.

If the processing of personal data is necessary in order for us to meet any legal obligations, the legal basis for the processing of such data is Art. 6 Sect. 1 S. 1 lit. c) EU GDPR.

If we process your personal data to protect our or any third party’s legitimate interests, provided your interests or fundamental rights and freedoms do not outweigh the preceding interests, the legal basis for the processing of such data is Art. 6 Sect. 1 S. 1 lit. f) EU GDPR.

 

3. Retention period

Your personal data shall be deleted as soon as the purpose of its retention no longer exists or, if you have a right to object to the processing, you have withdrawn your consent. It is possible that your data will be stored longer if this has been defined in the respective European or domestic legislation, in Union-law provisions, acts or any other provisions we are subject to. In these cases, your personal data shall, however, be blocked.

4. External links

If we provide links to external websites, this Privacy Policy shall not apply to the processing of your personal data by the data controller of the linked website. Hence, we recommend that you review the data privacy policies on external websites you visit. If such a linkage should require a legal basis for the resulting processing of your personal data, it shall be your consent pursuant to Art. 6 Sect. 1 S. 1 lit. a) EU GDPR, which you shall grant by clicking on the respective link.

As a rule, the clicking on any such links (hyperlinks) will result in the processing of your following personal data:

  • IP address,
  • Screen resolution,
  • Deployed browser,
  • Bandwidth,
  • Language settings.

 1. Provision of the website and generation of logfiles

(1) Description and scope

In conjunction with offering our website we will process your personal data to ensure the error free presentation of our website on your PC or mobile device. Because of that, we have to store some of your personal data for the duration of the session.

Furthermore, we will store your personal data temporarily in logfiles, to guarantee that our website will work properly, and the operation of our IT systems is secure. Any other processing of your personal data in logfiles will not occur.

The following personal data will be processed for the provision of the website and for the generation of logfiles:

  • IP address,
  • Access date,
  • Access time,
  • If applicable, previously visited website,
  • Used browser,
  • Used operating system.

(2) Legal basis

Legitimate interest, Art. 6 Sect. 1 S. 1 lit. f) EU GDPR.

(3) Purpose

The purpose of this data processing is to provide the website, ensure its functionality, and the security of the IT systems used for this.

The purpose simultaneously establishes our legitimate interest.

 

(4) Retention period

Your personal data will be stored in logfiles for 4 to 6 weeks. Moreover, your personal data will be stored in conjunction with the provision of the website, but only for the duration of the session.

(5) Objection and removal option

The processing and storage of your personal data in logfiles is absolutely mandatory for the provision of the website, to guarantee its functionality and to guarantee the security of the utilized IT systems. Consequently, you do not have an option to object.

 

2. Technically necessary cookies

(1) Description and scope

When it comes to technically necessary cookies, we will process your personal data since many functions and services of our website that facilitate the use of the website for you or that are essential to make its use even possible will not work properly in the absence of using cookies (“technically necessary cookies”).

In these technically necessary cookies, we store, in some cases, personal data of yours that will, however, only be used to use these functions and services. Any other processing of your personal data shall not occur.

A list of the technically necessary cookies we use, as well as their purpose, retention period and other information is available at the end of this privacy policy.

The following personal data will be processed in conjunction with the use of technically necessary cookies:

  • IP address,
  • Language settings of your browser,
  • The browser you use.

(2) Legal basis

Legitimate interest, § 25 Sect. 2 TTDSG in combination with Art. 6 Sect. 1 S. 1 lit. f) EU GDPR.

(3) Purpose

The purpose of this data processing is the provision of the website functions and services.

The purpose simultaneously establishes our legitimate interest.

(4) Retention period

As a rule, for the duration of the respective session, unless otherwise specified in the list of the technically necessary cookies we use.

(5) Objection and removal option

Technically necessary cookies will be stored on your PC or mobile device and will be sent by the former to our website. Hence, you are in complete control over the use of technically necessary cookies.

You have the option to deactivate or restrict the transmission of cookies by changing your browser settings. Cookies that have already been stored can be deleted by you at any time. This may also be done automatically. If cookies for our website are deactivated, you may no longer be able to fully use the functions of our website.

 

3. YouTube Videos

(1) Description and scope

To display video content, we integrate YouTube videos into our website. As a result, we are in a position to show content we would like to present for your use in an attractive, uniform and device independent manner on our website. YouTube is a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

In conjunction with the integration of YouTube videos, the following personal data will be processed:

  • IP address,
  • The browser you use,
  • Screen resolution.

When you play the video, additional personal data may be processed by YouTube. Related information is available at:

https://policies.google.com/privacy?hl=en#whycollect

(2) Legal basis

Consent, Art. 6 Sect. 1 S. 1 lit. a) EU GDPR.

(3) Purpose

The purpose of processing this data is to integrate video content in an attractive, uniform and device independent manner.

(4) Retention period

We will process your personal data only until you complete your visit to our website (expanded data protection mode). We do not have any control over the deletion of your personal data from YouTube. More information is available at:

https://policies.google.com/privacy?hl=en&gl=en#inforetaining

(5) Objection and removal option

You have the option to revoke your consent at any time. You can exercise this revocation option in particular by closing the application and/or by reloading the website.

We do not have any control over the deletion of your personal data from YouTube. More information can be reviewed at:

https://policies.google.com/privacy?hl=en

 

4. E-mail contact

(1) Description and scope

The following personal data will be processed when you contact us via email:

  • First name,
  • Last name,
  • Email address,
  • Content of the message.

(2) Legal basis

Legitimate interest, Art. 6 Sect. 1 S. 1 lit. f) EU GDPR.

(3) Purpose

The data processing purpose is the processing of your inquiry.

(4) Retention period

Your personal data will be stored until the respective purpose no longer exists. As a rule, this will happen as soon as your inquiry is processed, unless longer retention periods are in effect.

(5) Objection and removal option

You may object to the processing of your personal data in conjunction with the initiation of contacts at any time, which will affect any future transactions. However, in this case, we will not be able to continue to process your inquiry. All personal data that has been stored over the course of the initiation of contact will be deleted in this instance, unless the statutory retention periods are in conflict with the deletion of your data. In this case, your personal data will be blocked until the statutory retention periods have expired.

 

5. Newsletter

(1) Description and scope

The following personal data will be processed in conjunction with the delivery of our newsletter:

  • Name,
  • Email address,
  • Area of interest.

(2) Legal basis

Consent, Art. 6 Sect. 1 S. 1 lit. a) EU GDPR.

(3) Purpose

The data processing purpose is the delivery of our newsletter.

(4) Retention period

The retention period applicable to your personal data depends on the continued effectiveness of your consent.

(5) Objection and removal option

You have the option to revoke your consent at any time. You can do so by unsubscribing from our newsletter. If you unsubscribe, your personal data will be deleted, which means that we no longer can consider you when delivering our newsletter.

 

6. Direct marketing

(1) Description and scope

In conjunction with direct marketing activities, we will process your personal data, provided we are allowed to contact you with promotional messages within the confines of the scope of applicability or specific laws. We will also process your personal data if you have consented to the communication of advertising and promotional messages.

The following personal data will be processed in conjunction with direct marketing activities:

  • Title,
  • First name,
  • Last name,
  • If applicable, postal address,
  • If applicable, email address,
  • If applicable, phone number.

(2) Legal basis

Legitimate interest, Art. 6 Sect. 1 S. 1 lit. f) EU GDPR (regular mail).

Consent, Art. 6 Sect. 1 S. 1 lit. a) EU GDPR (regular mail, email, phone).

Legitimate interest, § 7 Sect. 3 UWG (email).

(3) Purpose

The data processing purpose is affiliated with the performance of direct marketing activities and the submission of offers as well as supplementary information.

(4) Retention period

Your personal data will be archived until you object to its processing. For related information, please review the respective advertising message.

(5) Objection and removal option

You have the option to object to the processing of your personal data within the scope of direct marketing activities at any time, which will affect any future advertising activities.

 

7. Data protection and the law

a. Exercising of the rights you have as a data subject pursuant to Art. 12 et seq. EU GDPR

(1) Description and scope

In conjunction with the management of the rights of data subjects, we will process your personal data. To that end, we will process any contact information you have shared in this context only to process and respond to your message and to subsequently document that the processing was in compliance with the applicable laws within the scope of our accountability obligations.

The following personal data will be processed in conjunction with the management of data subject rights:

  • First name,
  • Last name,
  • Postal address,
  • Email address,
  • Phone number.

(2) Legal basis

Legal obligation, Art. 6 Sect. 1 S. 1 lit. c) in combination with Art. 12 et seq. EU GDPR.

Legitimate interest in the subsequent documentation, Art. 6 Sect. 1 S. 1 lit. f) EU GDPR.

(3) Purpose

Managing your data subject rights in compliance with the law.

(4) Retention period

Data must be archived for 3 years after the processing of the respective transaction has concluded, § 41 BDSG in combination with § 31 Sect. 2 Nr. 1 OWIG.

(5) Objection and removal option

You have the option to object to the processing of your personal data in conjunction with the management of your data subject rights, which will affect all future transactions. However, in this case we will not be able to further manage your data subject rights.

The documentation of the compliant handling of your rights as the data subject is mandatory. Consequently, you do not have the option to object.

 

b. Legal defense and enforcement of the law

(1) Description and scope

Your personal data will be processed by us if you file legal claims targeting us or if we file claims and enforce rights targeting you.

(2) Legal basis

Legitimate interest, Art. 6 Sect. 1 S. 1 lit. f) EU GDPR.

(3) Purpose

The data processing purpose is to raise a defense against illegitimate claims and the legal enforcement of claims and rights.

This also constitutes our legitimate interest.

(4) Retention period

Your personal data will be stored until the processing purpose no longer exists. As a rule, this will be the case once the respective ruling becomes legally effective.

(5) Objection and removal option

The processing of your personal data within the scope of the legal defense and enforcement of the law is mandatory for us to ensure that we raise a legal defense or can enforce the applicable laws. Hence, you do not have any option to object.

1. Participation in application seminars (“nurse trainings”)

(1) Description and scope

We offer our customers the opportunity to participate in our training programs in the form of application seminars or user training courses. In this context, we process your contact data provided - either directly by you or by someone from your organization - exclusively for the purpose of processing the registration and participation in the seminar and, if applicable, the subsequent creation of a personalized certificate of participation.

In the course of processing the registration, the following personal data will be processed:

  • Name,
  • First name,
  • Practice,
  • Business address.

(2) Legal basis

Consent, Art. 6 Sect. 1 S. 1 lit. a) EU GDPR.

(3) Purpose

The data processing purpose is the administration of your participation in the respective seminar and, if applicable, the subsequent provision of a personalized certificate of participation.

(4) Retention period

Your personal data will be stored until the processing purpose no longer exists. This is usually the case after the full completion of the seminar, or before that if you revoke your consent.

(5) Objection and removal option

You can revoke your consent for the future at any time. In this case, we cannot guarantee your participation in the seminar.

 

2. LinkedIn page

(1) Description and scope

We will process your personal data in conjunction with the operation of our LinkedIn Page to reach out to and interact with users and visitors of the social network “LinkedIn”. We will also publish information about our company as well as job offers on this channel.

In the event that you directly interact with us via our LinkedIn Page (e.g., by sending us a direct message), we will process the data you have shared with us only for the recording and the submission of a response to your inquiry.

Moreover, we have the capability to generate statistics on LinkedIn Page visits. This information will be compiled by LinkedIn (“Page Insights”) and enables us to approach the marketing of our activities more effectively and in a more targeted manner.

For LinkedIn Page Insights data, we and LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland, are jointly responsible for the processing of data. For this purpose, we have executive a contract with LinkedIn Ireland Unlimited Company to define which of the two companies will process which obligations pursuant to the EU GDPR.

The most significant content of this contract can be reviewed at:

https://legal.linkedin.com/pages-joint-controller-addendum

Information on the data LinkedIn uses to conduct usage analyses related to our LinkedIn Page and which information LinkedIn provides for the purpose of data processing linked to the Page Insights function is available here:

https://www.linkedin.com/help/linkedin/answer/a547077/linkedin-page-analytics-overview?lang=en

For more information on the processing of your personal data by LinkedIn Ireland Unlimited Company, please visit:

https://en.linkedin.com/legal/privacy-policy

(2) Legal basis

Legitimate interest, Art. 6 Sect. 1 S. 1 lit. f) EU GDPR.

(3) Purpose

The data processing purpose is the analysis of our achievements with our LinkedIn Page as well as the organization of our LinkedIn Page with the aim of matching your interests and processing inquiries.

(4) Retention period

Information about the archiving time frame of your personal data with LinkedIn Ireland Unlimited Company is available at:

https://en.linkedin.com/legal/privacy-policy

(5) Objection and removal option

If you do not want your personal data to be recorded in conjunction with the operation of our LinkedIn Page, you have the option to at any time object to the processing of your personal data within the scope of the operation of our LinkedIn Page, which will subsequently apply to all future transactions. In this case, we will forward your revocation request to LinkedIn Ireland Unlimited.

Information concerning the processing of your personal data by LinkedIn may be reviewed at:

https://en.linkedin.com/legal/privacy-policy

 

3. YouTube channel

(1) Description and scope

We manage a YouTube Channel, which is being operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. As the operator of YouTube, Google Ireland Limited collects and processes personal data to the extent described in its Data Privacy Policy.

Information on the processing of your personal data by Google Ireland Limited may be reviewed at:

https://policies.google.com/privacy?hl=en&gl=en

If you contact us directly through our YouTube Channel (for instance by sending a message or posting a comment), the data shared by you will only be processed for the purpose of recording and responding to your inquiry.

We are also in a position to generate statistics on visits to our YouTube Channel. This information is compiled by YouTube through its “Analytics” service and allows us to approach the marketing of our activities more effectively and to render them more targeted.

The data YouTube uses to generate usage analyses related to our YouTube Channel and which information YouTube provides for the processing of data in conjunction with the Analytics tool, may be reviewed here:

https://support.google.com/youtube/answer/9002587?hl=en

 

(2) Legal basis

Legitimate interest, Art. 6 Sect. 1 S. 1 lit. f) EU GDPR.

(3) Purpose

The data processing purpose is the analysis of your visit patterns when you are on our YouTube Channel, as well as the analysis of the success of videos we upload and the processing of inquiries.

(4) Retention period

Information about the archiving time frame of your personal data with Google Ireland Limited is available at:

https://policies.google.com/privacy?hl=en&gl=en#inforetaining

(5) Objection and removal option

If you do not want your personal data to be processed by Google Ireland Limited, you have the option to at any time object to the processing of your personal data in conjunction with the operation of our YouTube Channel, which will affect all future endeavors. In this case, we will forward your revocation request to Google Ireland Limited.

4. Xing Page

(1) Description and scope

We will process your personal data in conjunction with the operation of our Xing Page to reach out to and interact with users and visitors of the social network “Xing”. We will also publish information about our company on this channel.

In the event that you directly interact with our Xing Page (e.g., by sending us a direct message), we will process the data you have shared with us only for the recording and the submission of a response to your inquiries.

Moreover, we have the capability to generate statistics on Xing Page visits. This information will be compiled by Xing (“Xing Insights”) and enables us to approach the marketing of our activities more effectively and in a more targeted manner.

Information as to how Xing will process your personal data, is available at:

https://privacy.xing.com/en/privacy-policy

(2) Legal basis

Legitimate interest, Art. 6 Sect. 1 S. 1 lit. f) GDPR.

(3) Purpose

The data processing purpose is the analysis of our achievements with our Xing Page as well as the organization of our Xing Page with the aim of matching your interests and processing inquiries.

(4) Retention period

Information about the retention period of your personal data by New Work SE is available at:

https://privacy.xing.com/en/privacy-policy

(5) Objection and removal option

If you do not want your personal data to be collected in conjunction with the operation of our Xing Page, you have the option to at any time object to the processing of your personal data within the scope of the operation of our Xing Page, which will subsequently apply to all future transactions. In this case, we will forward your revocation request to New Work SE.

Information concerning the processing of your personal data by New Work SE may be reviewed at:

https://privacy.xing.com/en/privacy-policy

 

Within our company, we will share your personal data with those positions and departments that need them for all the above-mentioned purposes. In addition, we will, in some cases, use the services of different providers and will share your personal data with these other trustworthy recipients. These may, for instance, include the following:

  • Banks,
  • Scanning services,
  • Printing services,
  • Letter shops,
  • IT service providers,
  • Cooperative partners,
  • Attorneys and courts of law.

 

In conjunction with the processing of your personal data, it is possible that we share your personal data with trustworthy service providers in non-EU and non-EEA countries. These countries are nations that are not within the European Union (EU) or the European Economic Area (EEA).

In this context, we cooperate only with such service providers who are in a position to give us qualified guarantees aiming at the protection of your personal data and who are in a position to warrant that your personal data will be processed in compliance with the stringent European Data Protection Standards. A copy of these qualified guarantees may be reviewed at our business.

If we share any personal data with recipients in non-EU and non-EEA countries, this will be done on the basis of a so-called adequacy decision of the European Commission, or, if such a decision is not available, on the basis of so-called standard contractual clauses, which also have been passed by the European Commission.

 

 

You are entitled to the following rights you may exercise in your relationship with us:

1. Right of access

You have the right to receive information as to whether and which personal data of yours we process. In this case, we will provide additional information on

  1. The processing purpose,
  2. The categories of data,
  3. The recipients of your personal data,
  4. The envisaged retention period or the criteria to determine the envisaged retention period,
  5. Your additional rights,
  6. In the event that you have not shared your personal data with us: All available information as to its origins,
  7. If available: The existence of any automated decision making as well as information on the logic used, the expanse and the desired effects of the processing.

2. Right to rectification

You are entitled to have your data corrected and/or completed if the personal data processed by us is incorrect or incomplete.

3. Right to restriction of processing

You are entitled to the restriction of the processing of your data if

  1. We are reviewing the correctness of your personal data processed by us,
  2. The processing of your personal data is illegal,
  3. You need the personal data processed by us to pursue your rights after the purpose of archiving the data has ended,
  4. You have filed an objection against the processing of your personal data and we are in the process of reviewing your objection.

4. Right to erasure

You are entitled to having your data deleted if

  1. We no longer need your personal data for the original purpose,
  2. You revoke your consent and if there is no further legal basis for the processing of your personal data,
  3. You have objected to the processing of your personal data and – if the matter in question is not direct marketing – there are no priority grounds for continued processing of the data,
  4. The processing of your personal data is illegal,
  5. The deletion of your personal data is mandated by law,
  6. Your personal data refers to minors for information society purposes.

 

5. Right to notify

If you have exercised your right to have data corrected, deleted or restricted in terms of processing, we will notify all recipients of your personal data, to correct, delete or restrict the processing of such data.

6. Right to data portability

You have the right to receive any personal data you have provided to us based on consent or to perform a contract in a structured, commonly used and machine-readable format and to have same transferred to another data controller. If this is technically feasible, you have the right to instruct us to send this data directly to another data controller.

7. Right to object

In the event that special grounds apply, you have the right to object to the processing of your personal data. In this case, we will no longer process your personal data, unless we are in a position to raise mandatory protection worthy grounds for continued processing.

If your personal data is being processed for the purpose of direct marketing you do, at any time, have the option to object.

8. Right to revoke

You have the right to revoke any consent you have given us at any time. The revocation of consent does not affect the legitimacy of any prior processing on the basis of consent.

9. Right to file a complaint with a supervisory authority

Any other administrative or court enforced legal remedies notwithstanding, you shall have the right to file a complaint with the competent supervisory authority, if you are of the opinion that the processing of your personal data by us is in violation of the EU GDPR.

The competent supervisory authority for our company is:

Der Hessische Beauftragte für Datenschutz und Informationsfreiheit
Gustav-Stresemann-Ring 1
65189 Wiesbaden, Germany
Tel.: +49 (0)6 11 14 080
E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

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Kaneka
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