EMS
Privacy Policy GBT-Online Shop

Privacy Policy GBT-Online Shop

E.M.S. Electro Medical Systems S.A., located at Chemin de la Vuarpillière 31, 1260 Nyon, Switzerland (“We” or “EMS”) and its subsidiaries (“Us” or “EMS”), as the operator of the store at www.gbt-shop.com (hereinafter referred to as the “Website”), are responsible for the personal data of the customers (hereinafter referred to as “You”) of the Website within the meaning of the data protection laws, in particular the General Data Protection Regulation (“GDPR”) and the German Federal Data Protection Act (“BDSG”).

We are aware of the importance of protecting the privacy of personal and financial information. Therefore, we collect, process and use your personal data only in accordance with the content of this Privacy Policy and the applicable data protection laws, in particular the GDPR as well as the BDSG.

In this privacy policy, we inform you which personal data we collect, process and use about you when you use our website. We therefore ask you to read the following carefully.

Personal data in the sense of these data protection regulations are individual details about your personal or factual circumstances. This includes in particular your surname, first name, company name, e-mail address, address, telephone number, user name and password for the club account as well as your credit card and bank account data. 

1 – Availability of the privacy policy and changes

We reserve the right to make changes to our privacy policy from time to time. The updated privacy statements will be posted on our website. We therefore recommend that you check this page from time to time, especially each time you use the website.

2 – Provision of the website

Personal data also includes information about your use of our website. In this context, we collect the following data from you:

1. 1. – Your IP address,
   2. – Date and time of the request,
   3. – time zone difference to Greenwich Mean Time,
   4. – content of the request,
   5. – access status/HTTP status code,
   6. – Extent of data transfer,
   7. – Web page from which your request is forwarded,
   8. – Browser, operating system and its interface, language and version of the browser software,
   9. – The location from which you retrieve data from our site
   10. – as well as other connection data and sources you retrieve.

This data is collected through log files and cookies. More information about cookies can be found later in this Privacy Policy

We use this data to protect our following legitimate interests:

1. 1. – To display our website on your computer.
   2. – To ensure the functionality of the website.
   3. – To optimize the website and the club account.
   4. – To ensure the security of our information technology systems.
   5. The legal basis for the data processing is Art. 6 para. 1 lit.a and/or f GDPR.
   6. The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. Data that we collect for provision will be deleted after the end of the respective session.

3 – Purpose of the collection and use of personal data 

We collect, store and process your personal data only when we have a lawful basis to do so, such as to enter into and perform a contractual relationship with you or to comply with legal requirements, or when we are otherwise authorized to do so.

EMS may use your personal information for some or all of the following purposes:

1. – Customer service: to provide customer services to you, to perform the contract, to manage the Club account and provide a service, and to communicate with you regarding your product; to notify you of changes regarding our services; to allow you to use the interactive features of our services if you choose to do so; to respond to your inquiries, complaints and general feedback about our products. 
2. – Contract performance and business relationship: we may collect and process personal data necessary for the proper performance of a contract to which you, along with EMS, are a party. This may include sales, distribution and after-sales management of our products or services. We store your order history to facilitate subsequent orders.

4 – Cookies

We collect information about your use of our website through the use of so-called browser cookies. These are small text files that are stored on your data carriers and that store certain settings and data for exchange with our system via your browser. A cookie usually contains the name of the domain from which the cookie data is sent, as well as information about the age of the cookie and an alphanumeric identifier. Cookies enable our systems to recognize the user’s device and make any preferences immediately available. As soon as a user accesses the platform, a cookie is transferred to the hard drive of the respective user’s computer.

In the cookies we use, only the data explained above about your use of the website is stored. This is not done by assigning it to you personally, but by assigning an identification number to the cookie (“cookie ID”). A combination of the cookie ID with your name, your IP address or with similar data, which would enable an assignment of the cookie to you, does not take place.

If a user accesses the services of the online portal via a partner site (“affiliate”), the anonymized data is also stored in a cookie. Such cookies do not contain any personal data of the user, but serve exclusively to maintain the affiliate program.

If you do not wish browser cookies to be used, you can set your browser not to accept the storage of cookies. Please note that in this case you may only be able to use our website to a limited extent or not at all. If you only want to accept our own cookies, but not the cookies of our service providers and partners, you can select the setting in your browser “Block third-party cookies”.

We use cookies to protect our legitimate interest in improving our website and providing you with a better and even more customized service. They allow us to recognize your computer when you return to our website and thereby:

1. – Store information about your preferred activities on the website and thus tailor our website to your individual interests;
2. – To store your log-in information and display preferences (e.g., language);
3. – To speed up the processing of your requests.

The legal basis for data processing by cookies is Art. 6 para. lit.a and/or f GDPR.

Cookies are stored until you delete them or the term of the respective cookie ends. In this case, the cookie is automatically deleted from your computer.

Detailed information on the use of cookies and data protection can be found on our corporate website on the corresponding page called “Cookie Policy”.

5 – Google Analytics

We use Google Analytics, a web analytics service provided by Google Inc (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. In the event that IP anonymization is activated on the website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On our behalf, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to us.

The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. The data transmitted by us and linked to cookies, user IDs or advertising identifiers are automatically deleted when they are no longer needed. Data whose storage period has expired is automatically deleted once a month.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the online portal (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link (http://tools.google.com/dlpage/gaoptout?hl=de ).

You can prevent the collection by Google Analytics by setting an opt-out cookie that prevents the future collection of your data when visiting this website. You can find more information on this here https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable. We also use Google Analytics to evaluate data from AdWords and the Double Click cookie for statistical purposes. If you do not wish to do this, you can deactivate this via the Ads Preferences Manager (see here: http://www.google.com/settings/ads/onweb/?hl=de ).

This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are processed in abbreviated form, which means that they cannot be linked to a specific person. Insofar as the data collected about you is related to a person, this is therefore immediately excluded and the personal data is thus immediately deleted.

We collect this data to protect our legitimate interests, to analyze the use of the website, to improve it and to make it more interesting for you. The legal basis for the processing is Art. 6 para. 1 p. 1 lit. f GDPR.

For more information on the purpose and scope of data collection and its processing, as well as further information on your rights in this regard and setting options for protecting your privacy, please contact: Google Inc, 1600 Amphitheater Parkway, Mountainview, California 94043, USA; Privacy Policy for Advertising: http://www.google.de/intl/de/policies/technologies/ads. Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework

6 – Google Ads

We use the Google Adwords service to display advertising material (so-called Google Adwords) on external websites and to measure the reach and success of advertising campaigns. Google Adwords enables us to show you advertising that is of interest to you and to make our website more interesting for you.

These advertisements are delivered by Google via so-called “Ad Servers”. If you access our website via a Google ad, a cookie is stored on your PC for a period of usually 30 days. As a rule, a cookie ID, the number of times the advertising material was called up per placement, the last time it was called up, and opt-out information (marking that the user no longer wishes to be addressed) are stored for this cookie.

These cookies enable Google to recognize your internet browser. If a user visits certain pages of the website of an Adwords customer and the cookie stored on his computer has not yet expired, Google and we can recognize that the user clicked on the ad and was redirected to this page. A different cookie is assigned to each Adwords customer. Cookies can therefore not be tracked via the websites of Adwords customers. We ourselves do not collect and process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Google. Based on these evaluations, we can see which of the advertising measures used are particularly effective.

You can prevent participation in this tracking process in various ways: 

a) by adjusting your browser software accordingly, in particular the suppression of third-party cookies will result in you not receiving ads from third-party providers; b) by deactivating cookies for conversion tracking by setting your browser to block cookies from the domain “www.googleadservices.com”, https://www.google. de/settings/ads, deleting this setting when you delete your cookies; c) by disabling the interest-based ads of the providers that are part of the self-regulatory campaign “About Ads” via the link http://www.aboutads.info/choices, deleting this setting when you delete your cookies; d) by permanently disabling them in your Firefox, Internetexplorer or Google Chrome browsers at the link http://www.google.com/settings/ads/plugin. We would like to point out that in this case you may not be able to use all functions of this offer to their full extent.

We only collect the aforementioned data if you have given us your consent. The legal basis for the processing of your data is Art. 6 para. 1 p. 1 lit. a DS-GVO. Further information on data protection at Google can be found here: http://www.google.com/intl/de/policies/privacy and https://services.google.com/sitestats/de.html. Alternatively, you can visit the website of the Network Advertising Initiative (NAI) at http://www.networkadvertising.org. Google has submitted to the EU-US Data Privacy Framework https://policies.google.com/privacy/frameworks?hl=en-US.

7 – Google AdSense

This website uses the online advertising service Google AdSense, through which you can be presented with advertising tailored to your interests. Our interest in doing so is to show you advertising that may be of interest to you, in order to make our website more interesting for you. For this purpose, statistical information about you is collected and processed by our advertising partners. These advertisements are recognizable by the reference “Google ads” in the respective advertisement.

By visiting our website, Google receives the information that you have accessed our website. For this purpose, Google uses a web beacon to set a cookie on your computer. We have no influence on the data collected, nor are we aware of the full extent of the data collection and the storage period. Your data will be transferred to the USA and evaluated there. If you are logged in with your Google account, your data can be directly assigned to it. If you do not want the assignment with your Google profile, you must log out. It is possible that this data will be passed on to third parties and authorities to contractual partners of Google. The legal basis for the processing of your data is Art. 6 para. 1 p. 1 lit. a GDPR.

You can prevent the installation of cookies from Google AdSense in various ways: a) by making the appropriate settings in your browser software, in particular the suppression of third-party cookies will result in you not receiving ads from third parties; b) by deactivating interest-based ads on Google via the link http://www.google. de/ads/preferences, with this setting being deleted when you delete your cookies; c) by disabling the interest-based ads of the providers that are part of the self-regulatory campaign “About Ads” via the link http://www.aboutads.info/choices, with this setting being deleted when you delete your cookies; d) by permanently disabling them in your Firefox, Internetexplorer or Google Chrome browsers at the link http://www.google.com/settings/ads/plugin. We would like to point out that in this case you may not be able to use all functions of this offer to their full extent.

For more information on the purpose and scope of data collection and processing, as well as further information on your rights in this regard and setting options for protecting your privacy, please contact: Google Inc, 1600 Amphitheater Parkway, Mountainview, California 94043, USA; Privacy policy for advertising: http://www.google.de/intl/de/policies/technologies/ads. Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

8 – Use of social media plug-ins

We currently use the following social media plug-ins: Facebook, LinkedIn and YouTube. We use the so-called two-click solution. This means that when you visit our site, no personal data is initially passed on to the providers of the plug-ins. You can recognize the provider of the plug-in via the marking on the box above its initial letter or logo. We open up the possibility for you to communicate directly with the provider of the plug-in via the button. Only if you click on the marked box and thereby activate it, the plug-in provider receives the information that you have called up the corresponding website of our online offer. In the case of Facebook, according to the respective providers in Germany, the IP address is anonymized immediately after collection. Since the plug-in provider collects the data in particular via cookies, we recommend that you delete all cookies via your browser’s security settings before clicking on the grayed-out box.

We have no influence on the collected data and data processing operations, nor are we aware of the full scope of data collection, the purposes of processing, the storage periods. We also have no information on the deletion of the collected data by the plug-in provider.

The plug-in provider stores the data collected about you as usage profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (also for non-logged-in users) for the display of needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. Via the plug-ins, we offer you the opportunity to interact with the social networks and other users, so that we can improve our offer and make it more interesting for you as a customer. The legal basis for the use of the plug-ins is Art. 6 para. 1 p. 1 lit. a DSGVO.

The data transfer takes place regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in to the plug-in provider, your data collected from us will be directly assigned to your account with the plug-in provider. If you click the activated button and, for example, link to the page, the plug-in provider will also store this information in your user account and share it publicly with your contacts.

For more information on the purpose and scope of data collection and its processing by the plug-in provider, please refer to the data protection declarations of these providers communicated below. There you will also receive further information about your rights in this regard and setting options for protecting your privacy.

Addresses of the respective plug-in providers and URL with their privacy notices:

1. 1. Facebook Inc, 1601 S California Ave, Palo Alto, California 94304, USA;
   2. http://www.facebook.com/policy.php;
   3. further information on data collection: http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-onother#applications and http://www.facebook.com/about/privacy/your-info#everyoneinfo .
   4. Facebook has submitted to the EU-US Privacy Shield,
   5. https://www.privacyshield.gov/EU-US-Framework.
   6. Google Inc, 1600 Amphitheater Parkway, Mountainview, California 94043, USA;
   7. https://www.google.com/policies/privacy/partners/?hl=de.
   8. Google has submitted to the EU-US Privacy Shield,
   9. https://www.privacyshield.gov/EU-US-Framework.
   10. LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA;
   11. http://www.linkedin.com/legal/privacy-policy.
   12. LinkedIn has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

9 – Newsletter

We offer a free newsletter that informs you about our current offers as well as further developments.

You can subscribe to our newsletter via the website. When you subscribe, the following information is transmitted to us:

1. – E-mail address,
2. – Date and time of registration,
3. – your IP address,
4. – date and time of clicking the confirmation link,
5. – voluntary information, if you have provided it.

As part of the registration process, we ask you to give us your consent to the processing of your data. In doing so, reference is made to this data protection declaration.

For the registration to our newsletter we use the so-called double-opt-in procedure. This means that after your registration, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be automatically deleted.

Your e-mail address is collected in order to send you the newsletter. The collection of the other information, which is not voluntary information, is done to prevent misuse of the email address used. The voluntary information is collected in order to be able to address you personally. The legal basis for this is Art. 6 para. 1 p. 1 lit. a GDPR.

You can revoke your consent and unsubscribe from the newsletter at any time. You can declare the revocation by clicking on the link provided in each newsletter email, via the form provided for this purpose on the website, by email to info@ems-ch.de by sending a message to the contact details provided below. The legality of the processing carried out until the revocation is not affected by the revocation.

We collect your e-mail address in order to send you the newsletter.

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. Accordingly, the user’s e-mail address will be stored as long as the subscription to the newsletter is active.

You can unsubscribe from the newsletter at any time by revoking your consent or objecting to the processing of your personal data. To do so, you can either click on the unsubscribe link contained in each e-mail or send an e-mail to info@ems-ch.de.

10 – Data transmission to payment service providers

10.1 Data transmission for payment via PAYPAL

If you select the payment method “PayPal”, your data will be automatically transmitted to PayPal (PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg).

By selecting this payment option, you consent to the transmission of personal data required for payment processing. The personal data transmitted to PayPal are usually first name, last name, address, e-mail address, IP address, telephone number, cell phone number or other data necessary for payment processing. Also necessary for the processing of the purchase contract are such personal data that are related to the respective order.

The transmission of the data is solely for the purpose of payment processing and fraud prevention. PayPal may pass on the personal data to affiliated companies and service providers or subcontractors, insofar as this is necessary for the fulfillment of contractual obligations or the data is to be processed on behalf. PayPal reserves the right to conduct a credit check. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of a legitimate interest of PayPal in clarifying your solvency. PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report may also contain probability values (so-called “score values”). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. Among other things, your address data is included in the calculation of the score values.

You have the option to revoke your consent to the handling of personal data at any time vis-à-vis PayPal. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing. PayPal’s privacy policy can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

10.3 DATA TRANSMISSION FOR CREDIT CARD PAYMENTS VIA STRIPE

If you wish to pay by credit card (Mastercard, VISA), payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Stripe will pass on the information provided during the ordering process along with information about your order (name, address, account number, bank routing number, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 (1) lit. b GDPR. The transfer of your data is solely for the purpose of payment processing with the payment service provider Stripe Payments Europe Ltd. and only to the extent necessary for this purpose. You can find more information about Stripe’s data protection at the URL https://stripe.com/de/privacy#translation.

11 – Contact form

The website offers a contact form. This allows you to contact us, make inquiries and send us questions, requests and suggestions. When using the contact form, the following data is transmitted to us:

1. Salutation, name, first name,
2. e-mail address,
3. telephone number,
4. subject,
5. your message,
6. IP address,
7. Time of request,
8. Voluntary information, if any.

We use your e-mail address to process your request. Insofar as you have provided us with personal data, we use this to address you personally or to facilitate processing of your request. This information will only be used to process your request. We will not use this information for any other purpose.

The processing is carried out to protect our legitimate interest in being able to process your request. The legal basis is Art. 6 para. 1 lit. f GDPR.

If your inquiry relates to a contract concluded with you or you request offers from us, we process your personal data in order to fulfill a contract with you or to carry out pre-contractual measures in response to your inquiry. The legal basis is Art. 6 para. 1 lit. b GDPR.

12 – Data security

EMS establishes security in accordance with the GDPR. The data protection measures taken by our company ensure an appropriate level of protection with regard to risks related to confidentiality, data integrity and availability, and system and data security.

We have taken protective measures to ensure the security of your personal data. In addition, our websites and IT systems have security mechanisms in place to protect the data we manage against loss, misuse and alteration.

Access to your personal information is limited to our employees and to third parties who we reasonably believe need to have access to your information in order to provide you with the information or services you request.

If we have provided you with a password (or if you have chosen a password) that allows you to access certain parts of our websites, you are responsible for maintaining the confidentiality of that password.

However, no method of transmission over the Internet is 100% secure. Although we make every effort to protect your personal information, we cannot guarantee absolute security when transmitting your information to our systems. Any transmission is at your own risk. Once we receive your information, we use strict procedures and security features to prevent unauthorized access.

13 – Sharing your personal information

EMS may use specialized third-party vendors to perform certain tasks to help us execute contracts, improve our websites, market our products, etc. The personal data you provide may be shared with these providers to perform the agreed upon tasks. However, these providers are obligated to use the information received exclusively for the respective services on behalf of and as instructed by EMS. EMS requires these third parties, who may be located outside of the country from which you accessed EMS websites or services, to comply with all relevant privacy and security requirements with respect to your personal data.

EMS will not transfer your personal data to third parties who intend to use it for direct marketing purposes unless you have expressly consented to such use.

If EMS sells or buys business assets, EMS may disclose your personal information to the prospective seller or buyer of those business assets.

EMS may disclose personal information without your consent if:

1. 1. – the disclosure is required or permitted by law;
   2. – disclosure is required by an enforcement agency to detect unlawful activity;
   3. – we believe that an emergency, an unlawful act, or other reasonable grounds justify notifying the appropriate authority.

14 – Deletion

We will store your data for as long as we are entitled to do so. If you have exercised your right to object, or if the legal basis subsequently ceases to apply for another reason, in particular because the purpose for which the data was collected has been achieved, we will delete the data immediately, unless we are obliged to retain the data due to a legal obligation to retain it.

15 – Data protection and third party websites

The website may contain hyperlinks to and from third-party websites. If you follow a hyperlink to one of these websites, please note that we cannot accept any responsibility or warranty for third-party content or data protection conditions. Please make sure that you are aware of the applicable data protection conditions before submitting personal data to these websites.

16 – Changes to this privacy policy

We reserve the right to change this privacy policy at any time with effect for the future. A current version is available on the website. Please visit the website regularly and inform yourself about the applicable data protection provisions.

17 – Your rights and contact

You may inspect your personal data free of charge at any time and request information on its origin, recipients or categories of recipients to whom this data is disclosed and the purpose for which it is stored and, if necessary, its correction and/or deletion and/or restriction of its processing.

In addition, you have the right to object to the processing of your data at any time, provided that the processing is carried out to protect one of our legitimate interests. In this case, your data will only be processed if we can demonstrate compelling legitimate grounds for the processing that override your interest in the exclusion of processing or if the processing serves to assert, exercise or defend our claims.

If the processing of your data is based on consent, you have the right to revoke this consent at any time. In this case, we will no longer process your data unless we are permitted to do so by law. The permissibility of processing your data that took place before your revocation is not affected by your revocation.

If you have provided us with personal data, we will send it to you on request in machine-readable form for use by other providers.

To exercise your above rights, contact us via info@ems-ch.de or by letter to: 

EMS Electro Medical Systems GmbH
Data Protection Officer:
Benjamin Rutke
Stahlgruberring 12
81925 Munich

If you have any questions, comments or requests regarding the collection, processing and use of your personal data by us, please also contact us using the contact details provided.

If you believe that the processing of your data violates data protection laws, you are entitled to complain about this to a data protection authority. For this purpose, you can, for example, contact the data protection authority of North Rhine-Westphalia at the following address:

State Commissioner for Data Protection Bavaria, Prof. Dr. Thomas Petri, Wagmüllerstraße 18, 80538 Munich, Germany, Tel.: 089 212672-0, e-mail: poststelle@datenschutz-bayern.de

18 – Data Privacy Officer

If you have any questions or comments on data protection matters, you can contact our company data protection officer at any time. You can reach him under the following contact data:

Mr. Benjamin Rutke
C/o EMS Electro Medical Systems GmbH
Stahlgruberring 12
81829 Munich

 

E-Mail: datenschutz@ems-ch.de

 

19 – Retrievability of this privacy statement

You can download and save this privacy policy here.