Data privacy statement

Privacy Policy

We, ATMOS MedizinTechnik GmbH & Co. KG and our subsidiary companies (hereinafter ATMOS) thank you for visiting our homepage. As a responsible company, the secure handling of your data is particularly important to us. Therefore we would like to inform you in detail about the use of your data when visiting our website.

1. Definitions

The ATMOS privacy policy is based on the terminology used by the European Directive and Regulatory Authority in the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain in advance the terminology used.

We use the following terms in this privacy policy, including but not limited to:

- Personal data: Personal data means any information relating to an identified or identifiable natural person ('data subject'). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors, specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

- Data subject: A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

- Processing: Processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage adoption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

- Restriction of processing: Means the marking of stored personal data with the aim of limiting their processing in the future.

- Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movement.

- Pseudonymisation: Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that: The personal data are not attributed to an identified or identifiable natural person.

- Controller or the official responsible: The controller or the official responsible is the natural or legal person, public authority, agency or body which, alone or jointly with others, decides on the purposes and means of processing personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

- Processor: A processor is a natural or legal person, public authority, agency or body that processes personal data on behalf of the controller.

- Recipient: Recipient is a natural or legal person, public authority, agency or another body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

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

- Consent: Consent of the data subject means any freely given, specific informed and unambiguous indication of the data subject`s wishes by which he or she by a statement or a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Collection of data

The ATMOS website acquires a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. The following can be recorded

a)    the used browser types and versions,

b)    the operating system used by the accessing system,

c)    the website, from which an accessing system can be found on our website (so-called referrer),

d)    the sub-websites, which are accessed via an accessing system on our website,

e)    the date and time of access to the website,

f)     an internet protocol address (IP address),

g)    the internet service provider of the accessing system and

h)    other similar data and information used in the event of attacks on our information technology systems.

When using this general data and information, ATMOS does not draw any conclusions regarding the data subject. Rather, this information is needed to

a)    deliver the contents of our website correctly,

b)    optimize the content of our website as well as the advertising for it,

c)    ensure the permanent functioning of our information technology systems and the technology of our website, as well as

d)    providing law enforcement authorities with the necessary information for law enforcement in the event of a cyber-attack.

Therefore, this anonymously collected data and information will be evaluated by ATMOS on the one hand statistically and furthermore with the aim of increasing data protection and data security in our company in order to ultimately ensure the best possible level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

3. Legal or contractual provisions for 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-provision

We clarify that the provision of personal information is, in part required by law (such as tax regulations) or may result from contractual arrangements (such as details on the contractual partner). Occasionally it may be necessary to conclude a contract where a data subject provides us with personal data which must be subsequently processed by us. For example, the data subject is required to provide us with personal information when our company enters into a contract with that person. Failure to provide the personal data would mean that the contract with the person concerned could not be closed. Prior to the data subject providing personal data, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or if it is required for the conclusion of the contract, if there is an obligation to provide the personal data and what would be the consequences of the failure to provide the personal data.

4. Use of data when registering for the e-mail newsletter

On the ATMOS website users are given the opportunity to subscribe to the company newsletter. Which personal data are transmitted to the data controller when the newsletter is ordered results from the input mask used for this purpose.

ATMOS informs its customers and business partners at regular intervals by means of a newsletter about company offers. The company newsletter can only be received by the person concerned if

a)    the data subject has a valid e-mail address; and

b)    the data subject concerned registers for the newsletter.

For legal reasons, a data subject subscribing to the newsletter mailing for the first time will receive a confirmation e-mail to the e-mail address entered by the data subject under the double-opt-in procedure. This confirmation e-mail is used to verify whether the owner of the e-mail address as the data subject authorized the receipt of the newsletter.

When subscribing to the newsletter, we also store the IP address of the computer system used by the person concerned at the time of registration, as well as the date and time of registration, as assigned by the Internet Service Provider (ISP). The collection of this data is necessary in order to understand the (possible) misuse of a data subject’s e-mail address at a later date and therefore serves as legal protection for the controller.

The personal data collected in the context of the newsletter registration will be used exclusively to send our newsletter. In addition, subscribers to the newsletter could be notified by e-mail if it is necessary for the operation of the newsletter service or registration, as in the event of changes to the newsletter offer or technical changes. The personal data collected as part of the newsletter service shall not be passed on to third parties. Subscription to our newsletter may be terminated by the person concerned at any time. The consent to the storage of personal data that the data subject has given us for the newsletter dispatch can be revoked at any time. For the purpose of revocation, a corresponding link can be found in each newsletter. It is also possible to unsubscribe from the newsletter at any time, directly on the controller's website, or to inform the controller in another appropriate manner.

5. Newsletter-Tracking

ATMOS newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic which is embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. Thereby a statistical evaluation of the success or failure of online marketing campaigns is possible. Based on the embedded pixel, ATMOS can detect if and when an e-mail was opened by a data subject and which links in the e-mail were accessed.

Such personal data collected via the tracking pixels contained in the newsletters will be stored and evaluated by the controller in order to optimize the mailing and to even better adapt the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. The data subject is entitled to revoke the separate declaration of consent made via the double-opt-in procedure at any time. After revocation, this personal data will be deleted by the controller. A cancellation of the receipt of the newsletter, ATMOS automatically interprets as a revocation.

6. Contact via the website

Due to legal regulations the ATMOS website contains information which enables a quick electronic contact to our company as well as a direct communication with us, which includes a general address, the so-called electronic mail (e-mail address). If the data subject contacts the controller by e-mail or through a contact form, the personal data provided by the data subject will be automatically saved. Such personal data, voluntarily transmitted by the data subject to the controller, is stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.

7. SSL encryption

To protect the security of your data during transmission, we use state-of-the-art encryption techniques (such as SSL) over HTTPS.

8. Use of cookies

In order to make the visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your device and allow us to recognize your browser on your next visit (persistent cookies). You can set your browser so that you are informed about the setting of cookies and individually decide on their acceptance or exclude the acceptance of cookies in specific cases or in general.

Please use the help function of your internet browser to find out how to change these settings.

The non-acceptance of cookies may limit the functionality of our website.

9. Use of Google (Universal) Analytics for web analytics

This website uses Google (Universal) Analytics, a web analytics service provided by Google Inc. (www.google.com). Google (Universal) Analytics uses methods that allow you to analyse the use of the website, such as "cookies", text files which are stored on your computer. The generated information about your use of this website is generally transferred to a Google server in the US and stored there. By activating IP anonymization on this website, the IP address will be shortened prior to transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. The anonymized IP address provided by Google Analytics within the scope of Google Analytics will not be merged with other data provided by Google.

You can prevent the collection of the data (including your IP address) generated by the cookie and related to your use of the website from Google as well as the processing of this data by Google by downloading the browser plug-in available under the following link and install: http://wbs.is/rom89.

As an alternative to the browser plug-in, you can click on the aforementioned link to prevent future detection by Google Analytics on this website. An opt-out cookie is stored on your device. If you delete your cookies, you must click the link again.

10. Using Script Libraries (Google Web fonts)

In order to render our contents correctly and graphically appealing across all browsers, we use script libraries and font libraries on this website, such as: Google web fonts (https://www.google.com/web fonts/). Google web fonts are transferred to the cache of your browser to prevent multiple loading. If the browser does not support Google Web fonts or prohibits access, contents will be displayed in a standard font.

The call of script libraries or font libraries automatically triggers a connection to the library operator. It is theoretically possible - but currently also unclear whether and if so for what purpose - the operators of such libraries collect data.

The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy/

11. Using Google Maps

This website uses Google Maps API to visually display geographic information. When using Google Maps, Google also collects, processes and uses data about the use of map features by visitors. For more information about Google's data processing, please refer to the Google Privacy Notice. There you can also change your personal privacy settings in the privacy centre.

For detailed instructions on how to manage your own data relating to Google products, click here.

12. Google AdWords

Our website uses Google Conversion Tracking. If you have reached our website via an advertisement placed by Google, Google AdWords will then set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an advertisement placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages on our website and the cookie has not expired, both we and Google can see that the user clicked on the advertisement and was redirected to this page. Each Google AdWords customer receives a different cookie. Consequently cookies cannot be tracked through AdWords advertisers' websites. The information collected using the conversion cookie is used to generate conversion statistics for AdWords advertisers who have opted for conversion tracking. The customers can find out the total number of users who clicked on their advertisement and were then redirected to a conversion tracking tag page. However, they do not receive any information that personally identifies users.

If you do not want to participate in the tracking, you can refuse the required setting of a cookie - for example via a browser setting which generally disables the automatic setting of cookies or set your browser to block cookies from the domain “googleleadservices.com".

Please note you cannot delete the opt-out cookies so long as you do not wish to record measurement data. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.

13. Embedded videos and images from external websites

Some of our pages contain embedded content from YouTube or Instagram. When you access a page from our website containing videos or pictures from our YouTube and / or Instagram channels, no personal data will be transmitted, with the exception of the IP address. In the case of YouTube, the IP address will be transferred to Google Inc., 600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google") and, in the case of Instagram, to Instagram Inc., 181 South Park Street Suite 2 San Francisco, California 94107, USA ("Instagram").

When you visit a page with the YouTube plug-in, a connection to the Youtube server will be established. Youtube will be informed on which pages you visit. If you are logged into your Youtube account, Youtube can assign your surfing behaviour to you personally. This can be prevented by logging out of your Youtube account beforehand.

If a Youtube video is started, the provider uses cookies that collect information on user behaviour.

If you have disabled the storage of cookies for the Google Ad programme then you will not have to expect such cookies when watching YouTube videos. Youtube also stores non-personal usage information in other cookies. If you wish to prevent this, you must block the storage of cookies in the browser.

For more information on data protection at "Youtube", see the privacy policy of the provider at: https://www.google.de/intl/en/policies/privacy/.

14. Changes to our privacy policy and notification of changes

Legal changes or changes in our internal processes may necessitate an adaptation of this privacy policy. We reserve the right to change this privacy policy from time to time to ensure that it complies with current legal requirements or to implement changes to our services in the privacy policy, for example, when introducing new services.

You are generally entitled to a right of revocation regarding your granted consent.

Please note that (unless you make use of your right of revocation) the current version of the privacy policy is valid. Your next visit will then be subject to the new privacy policy.

15. Update / deletion of your personal information

You have the opportunity at any time to review, change or delete the personal data provided to us by sending us an e-mail to the following address: marketing@atmosmed.de. You may also opt out of receiving further information in the future.

Likewise, you have the right to revoke your consent at any time with effect for the future.

The deletion of stored personal data is carried out when you revoke your consent to storage.

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or, as the case may be, if provided for by the European Directives or Regulatory Authority or by any other legislator in laws or regulations governing the controller.

If the storage purpose is omitted or if a storage period prescribed by the European directives and regulations or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

16. Rights of the data subjects

Every data subject has the right, as granted by the European Directives and Regulatory Authority, to request the controller to confirm whether personal data relating to him or her is being processed. If the data subject wishes to make use of this confirmation right, they can contact our data protection officer or the official responsible at any time.

Every data subject concerned by the processing of personal data shall have the right, granted by the European Directives and Regulatory Authority, to obtain from the controller conformation, as to whether or not personal data concerning him or her is being processed and a copy of that information must be provided free of charge. Furthermore, the European Directive and regulator must provide the data subject with the following information:

- the purposes of the processing

- the categories of personal data concerned

- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organizations

- where possible, the envisaged period for which the personal data will be stored or, if this is not possible, the criteria used to determine that period

- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing

- the right to lodge a complaint to a supervisory authority

- where the personal data are not collected from the data subject, all available information on the source of the data

-  the existence of automated decision-making including profiling referred to in Articles 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

In addition, the data subject has a right to be informed as to whether personal data has been transferred to a third country or to an international organization. If that is the case, then the data subject has the right to obtain information about the appropriate safeguards relating to the transfer.

If the data subject wishes to exercise this right to information, they can contact our data protection officer or the official responsible at any time.

Any data subject affected by the processing of personal data has the right granted by the European Directives and Regulatory Authority to demand the immediate rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, also by means of a supplementary statement.

If the data subject wishes to exercise this right of rectification, they can contact our data protection officer or the official responsible at any time.

Every data subject affected by the processing of personal data shall have the right granted by the European Directives and Regulatory Authority to request from the controller the erasure of personal data concerning him or her and the controller shall have the obligation to erase personal data without undue delay provided that one of the following reasons is satisfied and the processing is not required:

- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

- The data subject withdraws consent on which the processing is based according to Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR and where there is no other legal ground for the processing.

- The data subject objects to the processing pursuant according to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant in accordance with. Article 21 (2) GDPR.

- The personal data have been unlawfully processed.

- The personal data have to be erased for compliance with a legal obligation in Union or Member State Law to which the controller is subject t

- The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.

If any of the above reasons apply and a data subject requests the deletion of personal data stored at ATMOS, they may contact our data protection officer or another official responsible at any time. The data protection officer at ATMOS or another employee will arrange for the deletion request to be fulfilled immediately.

If the personal data have been made public by ATMOS and our company is obliged pursuant to Article 17 (1) of the GDPR to erase the personal data, ATMOS, taking into account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data. The data protection officer at ATMOS or another employee will arrange for the necessary steps.

Any data subject affected by the processing of personal data has the right, granted by the European Directive and Regulatory Authority, to obtain from the controller restriction of processing if one of the following applies:

- the accuracy of the personal data is contested by the data subject for a period of time enabling the controller to verify the accuracy of the personal data;

- the processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

- the controller no longer needs the personal data for the purposes of processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;

- the data subject has objected to processing pursuant to Article 21 para. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at ATMOS, they may contact our data protection officer or another employee at any time. The data protection officer at ATMOS or another employee will initiate the restriction of processing.

Any data subject affected by the processing of personal data shall have the right conferred by the European Directive and Regulatory Authority to receive the personal data concerning him or her which he or she has provided to the controller in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the  personal data have been provided where the processing is based on consent pursuant to Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract pursuant to Article 6 (1) (b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability, pursuant to Article 20 (1) GDPR the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that the rights and freedoms of other persons are not affected.

In order to assert the right of data transferability, the data subject may contact the data protection officer appointed by ATMOS or another employee at any time.

Any person concerned by the processing of personal data shall have the right conferred by the European Directive and Regulatory Authority, for reasons arising from its particular situation, to prevent the processing of personal data relating to it under Article 6 (1) (e) or (f) GDPR, to enter an objection at any time. This also applies to profiling based on these provisions.

In the event of an objection ATMOS shall no longer process the personal data unless we can establish compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

If ATMOS processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for the purpose of such marketing which includes profiling to the extent that it is related to such direct marketing. If the data subject objects to ATMOS to processing for direct marketing purposes, ATMOS will no longer process the personal data for such purposes.

In addition, where personal data is processed by ATMOS for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact the ATMOS data protection officer or another employee. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

The data subject shall have the right, as granted by the European Directives and Regulatory Authority, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her; provided the decision

a)   is not required for the conclusion or performance of a contract between the data subject and the controller, or

b)   is authorized by Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or

c)    is based on the data subject’s explicit consent.

Is the decision

a)   necessary for the conclusion or performance of a contract between the data subject and the controller; or

b)   taken with the explicit consent of the data subject, ATMOS shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, and to express his / her point of view and to contest the decision.

If the data subject wishes to enforce automated decision-making rights, he or she may contact our data protection officer or responsible employee at any time.

Any data subject affected by the processing of personal data has the right, granted by the European Directive and Regulatory Authority, to revoke consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right of revocation, he or she may contact our data protection officer or another responsible employee at any time.

17. Lawfulness of processing

Article 6 (1) (a) GDPR serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing is necessary for the performance of a contract to which the data subject is party or in processing operations necessary for the supply of goods or the provision of any other service, processing shall be based on Article 6 (1) (b) GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as the fulfilment of tax obligations, the processing is based on Article 6 (1) (c) GDPR. In rare cases, the processing of personal data may be required 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 premises was injured and his/her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. In that case, the processing would be based on Article 6 (1) (d) GDPR. In the end, processing operations could be based on Article 6 (1) (f) GDPR. On this legal basis, processing operations that are not covered by any of the above legal basis are required if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the person concerned prevail. Such processing operations are particularly permitted because they have been specially mentioned by the European legislator. In that regard, it considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2, GDPR).

18. Eligible processing interests that are being pursued by the controller or a third party

If the processing of personal data is based on Article 6 (1) (f) GDPR, our legitimate interest is the performance of our business for the benefit of all our employees and our shareholders.

19. The person responsible or your contact person

If you have any questions regarding the collection, processing or use of your personal data, information, correction, blocking or deletion of data as well as revocation of granted consent or objection to a particular use of data, please contact us directly:

Data Protection Officer

ATMOS MedizinTechnik GmbH & Co. KG
Ludwig-Kegel-Str. 16
79853 Lenzkirch
Germany
Andrea Reichwein
Phone: +49 7653/689-202
Fax: +49 7653/689-590
E-Mail: areichwein@atmosmed.de

The responsible state data protection authorities:
Baden-Württemberg: Königsstrasse 10a, 70173 Stuttgart
Hamburg: Klosterwall 6, 20095 Hamburg
______________________________________________________________________

As of: 15.05.2018