Privacy policy (DSGVO/GDPR)
May 2018
The website of Impact Med GmbH is subject to Swiss data protection law, in particular in accordance with the Federal Data Protection Act (DSG), as well as any applicable foreign data protection law such as the Basic Data Protection Ordinance (DSGVO/GDPR) of the European Union (EU). The EU recognises that Swiss data protection law guarantees adequate data protection.
Thank you very much for your interest in our company. Data protection has a particularly high priority for us. The Internet pages of IMPACT MED GmbH can generally be used without providing any personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the statutory data protection requirements. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration will inform the persons concerned about their rights.
As the data controller, IMPACT MED GmbH has implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as telephone.
Definitions
IMPACT MED GmbH’s data protection declaration is based on the terminology used by the European Directive and Ordinance Giver in the adoption of the Basic Data Protection Regulation (DSGVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. In order to guarantee this, we would like to explain the terms used in advance.
We use the following terms in this data protection declaration:

a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “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 one or more specific characteristics expressing the phyImpact Med ical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

(b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

(c) Processing
Processing” means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.

(d) Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.

e) Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.

(f) pseudonymisation
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that such additional information is kept separately and is subject to technical and organisational measures designed to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Data controller or data controller
The controller or data controller 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.

(h) Processors of personal data
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

(i) Recipient
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party.

j) third
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorized to process the personal data.

(k) Consent
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
Name and address of the controller
Queries from supervisory authorities or persons concerned to the data protection officer are usually sent by e-mail, but can also be submitted by letter post:

Thomas Feile
Impact Med GmbH
Holzwiesweg 36
8047 Zurich

E-Mail: thomas.file[at]Impactmed.ch
Information you give us
This is information about you that you give us through:

– Filling out forms on our website (or other forms that we ask you to fill out),
– Handing over a business card (or similar),
– Correspondence with us by telephone, mail, e-mail or otherwise.
This may include, for example, your name, address, e-mail address and telephone number, information about your business relationship with us and information about your professional role, background and interests.
Other Information
We may also collect some information from other sources. For example:
– If we have a business relationship with the organization you represent, your colleagues or other business contacts may provide us with information about you such as your contact details or details of their role in the business relationship.
– Sometimes we collect information from third parties or from publicly available sources for anti-money laundering, background checks and similar purposes to protect our business and comply with our legal and regulatory obligations.

Cookies
The Internet pages of IMPACT MED GmbH use cookies and web beacons. Cookies are text files which are stored on a computer system via an Internet browser.
Numerous Internet pages 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 string of characters through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A particular Internet browser can be recognized and identified by its unique cookie ID.
Through the use of cookies and counting pixels, we can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
By means of cookies and counting pixels, the information and offers on our website can be optimised in the interests of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his access data each time he visits the website because this is taken over by the website and the cookie stored on the user’s computer system.
The person concerned can at any time prevent the cookies from being set by our website by means of an appropriate setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. Tracking pixels can be blocked at any time in the Internet browser settings or with appropriate browser extensions. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies and blocks tracking pixels, not all functions of our website may be fully usable.

Collection of general data and information
The website of IMPACT MED GmbH collects a number of general data and information each time it is called up by a data subject or an automated system. These general data and information are stored in the log files of the server. The (1) browser types and versions used can be recorded, (2) the operating system used by the accessing system, (3) the Internet page from which an accessing system accesses our Internet page (so-called referrer), (4) the sub-sites which are accessed via an accessing system on our Internet page, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems.
When using this general data and information, IMPACT MED GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimise the contents of our website and the advertising for it, (3) guarantee the long-term functionality of our information technology systems and the technology of our website and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by IMPACT MED GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum 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 the person concerned.

Possibility to contact us via the website
Due to legal regulations, the IMPACT MED GmbH website contains information that enables rapid electronic contact with our company and 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 data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by BaImpact Med to the data controller by a data subject will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.

Use of Google Analytics or other tracking tools
We do not use Google Analytics or other tracking tools on our website.
Use of social plug-ins such as Xing and LinkedIn
When you access a website that integrates one or more of the above plug-ins, the browser establishes a direct connection to the social networking servers. The button is transmitted directly from the social networks to the browser and integrated into the website by the browser. By integrating the buttons, the social networks receive the information that the corresponding website has been accessed. If the user is logged in to the social networks at the time of his visit, the social networks can assign the visit to the user’s account. If the button is clicked, the corresponding information is transmitted directly from the browser to the social network and stored there. The purpose and scope of the data collection, the further processing and use of the data by the social networks as well as the user’s rights in this regard and the setting options for the protection of the user’s privacy can be found in the data protection provisions of Facebook and Twitter. The user can prevent social networks from collecting data about the websites visited by logging out before visiting the website.
Routine deletion and blocking of personal information
The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.

Rights of the data subject
If you wish to exercise any of the following rights, please contact us as set out in paragraph 3 below.
You can also lodge a complaint about our processing of your personal data with the Swiss Federal Data Protection and Publicity Commissioner (FDPIC, www.edoeb.admin.ch).

a) Right to confirmation
Each data subject shall have the right, granted by Swiss law or by the European directive and regulation, to obtain from the controller confirmation as to whether personal data relating to him or her will be processed. If a data subject wishes to exercise this right of confirmation, he or she can contact our data protection officer at any time.

b) Right of access
Any person affected by the processing of personal data has the right, granted by Swiss law or the European directive and regulation, to obtain at any time, free of charge, from the data controller, information about the personal data relating to that person that has been stored and a copy of such information. Furthermore, the European Data Protection Supervisor has granted the data subject access to the following information:
– the purposes of the processing
– the categories of personal data processed
– 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
– if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
– the existence of a right to the rectification or erasure of personal data concerning him or her or to the limitation of the processing carried out by the controller or of a right to object to such processing
– the existence of a right of appeal to a supervisory authority
– if the personal data are not collected from the data subject: All available information on the origin of the data
– the existence of automated decision making including profiling in accordance with Article 22 (1) and (4) DSGVO and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject
– The data subject also has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she can contact our data protection officer at any time.

c) Right to rectification
Any person concerned by the processing of personal data has the right, granted by the Swiss legislator or by the European directives and regulations, to request the immediate rectification of any inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right to request the completion of incomplete personal data, also by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she can contact our data protection officer at any time.

d) Right to deletion (right to be forgotten)
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him which are subject to one of the following conditions and to the extent that the processing is not necessary:
– Personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
– The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO and there is no other legal basis for the processing.
– The data subject objects to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing or the data subject objects to the processing pursuant to Art. 21 para. 2 DSGVO.
– The personal data have been processed unlawfully.
– The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
– The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.
– If one of the above reasons applies and a person concerned wishes to have personal data stored at IMPACT MED GmbH deleted, he can contact our data protection officer at any time.
If the personal data have been made public by IMPACT MED GmbH and if our company as the person responsible is obliged to delete the personal data pursuant to Art. 17 para. 1 DSGVO, IMPACT MED GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary. Our data protection officer will take the necessary steps in individual cases.

e) Right to limitation of processing
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:
– The accuracy of the personal data shall be contested by the data subject for a period of time which enables the controller to establish the accuracy of the personal data.
– – The processing is unlawful, the data subject refuses the deletion of the personal data and demands instead the restriction of the use of the personal data.
– – The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal claims.
– – The data subject has lodged an objection to the processing pursuant to Art. 21 (1) DSGVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
– – If one of the above conditions is met and a person concerned wishes to request the restriction of personal data stored at IMPACT MED GmbH, he can contact our data protection officer at any time.

f) Right to data transferability
– Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. It also has the right to communicate this data to another controller without being hindered by the controller to whom the personal data were provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority assigned to the controller.
– Furthermore, when exercising his right to data transferability pursuant to Art. 20 para. 1 DSGVO, the data subject shall have the right to obtain that the personal data be transferred directly from one data controller to another data controller, to the extent that this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.
– In order to assert the right to data transfer, the person concerned can contact our data protection officer at any time.

g) Right of objection
– Any person data subject to the processing of personal data has the right, granted by the European directive and regulation maker, to object at any time, for reasons relating to his particular situation, to the processing of personal data concerning him on the basis of Article 6(1)(e) or (f) DSGVO. This also applies to profiling based on these provisions.
– IMPACT MED GmbH will no longer process the personal data in the event of objection unless we can prove compelling reasons for the processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defence of legal claims.
– If IMPACT MED GmbH processes personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If the person concerned objects to IMPACT MED GmbH processing the data for direct marketing purposes, we will no longer process the personal data for these purposes.
– In addition, the data subject has the right to object to the processing of personal data concerning him/her by IMPACT MED GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO for reasons arising from his/her particular situation, unless such processing is necessary for the performance of a task in the public interest.
– In order to exercise the right to object, the person concerned may contact our data protection officer directly. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

h) Automated decisions in individual cases including profiling
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effects on him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is admissible by virtue of Union or national law or rules of the Member States to which the data controller is subject and which provide for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is made with the express consent of the data subject, IMPACT MED GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a data subject from the data controller, to present his or her point of view and to contest the decision.
If the data subject wishes to assert rights relating to automated decisions, he or she can contact our data protection officer at any time.

i) Right to revoke consent under data protection law
Every person affected by the processing of personal data has the right granted by Swiss law or the European Directive and Regulation to revoke consent to the processing of personal data at any time.
If the data subject wishes to revoke his/her consent, he/she can contact our data protection officer at any time.
Legal basis of the processing
Art. 6 I lit. a DSGVO serves our company as a legal basis for processing operations in 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 a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DSGVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DSGVO.
In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our business were injured 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 I lit. d DSGVO. Ultimately, processing operations could be based on Art. 6 I lit. f DSGVO.
Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 DSGVO).
Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DSGVO, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.

Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data is routinely deleted unless it is no longer necessary for the fulfilment or initiation of the contract.
Legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-availability of such data
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. The data subject must contact one of our employees before providing personal data. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
Existence of automated decision making
As a responsible company, we refrain from automatic decision-making or profiling.
Existence of automated decision making
We may change our privacy policy at any time by posting it on this website.

Impact Med GmbH, May 2018