Privacy Policy

1. Introduction

With the following information, we would like to provide you as the "data subject" with an overview of how your personal data is processed by us and your rights under data protection laws. The use of our websites is generally possible without providing personal data. However, if you wish to use special services of our company via our website, the processing of personal data may be required. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain your consent.

 

The processing of personal data, such as your name, address, or email address, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to "Preventor GmbH." Through this privacy policy, we would like to inform you about the scope and purpose of the personal data we collect, use, and process.

 

As the data controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions can generally have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us by alternative means, such as by telephone or postal mail.

 

2. Data Controller

The data controller within the meaning of the GDPR is:

Preventor µTBC GmbH
Gernsheimer Strasse 46
DE-64319 Pfungstadt
Germany

 

 

Tel.: +49 6157 879 47
Fax: +49 6157 885 82

 

 

Email: info@preventor.de

 

Representative of the data controller: Prof. Dr. Paul Kerth

 

 

4. Definitions

This privacy policy is based on the terms used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to first explain the terms used.

 

In this privacy policy, we use, among other things, the following terms:

 

4.1. Personal Data

Personal data is any information relating to an identified or identifiable natural person. A natural person is considered identifiable if they 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.

 

4.2 Data Subject

The data subject is any identified or identifiable natural person whose personal data is processed by the data controller (our company).

 

4.3 Processing

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

 

4.4 Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

 

4.5 Profiling

Profiling is 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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

 

4.6 Pseudonymization

Pseudonymization is 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.

 

4.7 Processor

A processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

 

4.8 Recipient

A recipient is a natural or legal person, public authority, agency, or another body to which personal data is disclosed, whether it is 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.

 

4.9 Third Party

A third party is 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.

 

4.10 Consent

Consent of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

 

5. Legal Bais of Data Processing - Privacy Notice for Website Visitors

Article 6(1)(a) GDPR (in conjunction with § 15(3) TMG) serves as the legal basis for our company for processing operations for 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 you are a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations that are necessary for the performance of pre-contractual measures, such as in cases of inquiries about our products or services.

 

If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR.

 

In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third parties. In this case, the processing would be based on Article 6(1)(d) GDPR.

 

Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, provided that such interests are not overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if you are a client of our company (Recital 47 Sentence 2 GDPR).

 

6. Technology

6.1 SSL/TLS Encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data, or contact requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

We use this technology to protect your transmitted data.

 

6.2 Data Collection When Visiting the Website

When using our website purely for informational purposes, i.e., if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to our server (so-called "server log files"). Our website collects a series of general data and information each time a page is accessed by you or an automated system. This general data and information are stored in the server log files. The following data can be collected:

  1. - the browser types and versions used
  2. - the operating system used by the accessing system
  3. - the website from which an accessing system reaches our website (so-called referrers)
  4. - the sub-pages that are accessed via an accessing system on our website
  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

 

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is needed to

  1. - deliver the content of our website correctly
  2. - ensure the long-term functionality of our IT systems and the technology of our website and
  3. - provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack

 

The data and information collected are therefore evaluated statistically and with the aim of increasing data protection and data security in our company to ultimately ensure an optimal level of protection for the personal data we process. The data of the server log files are stored separately from all personal data provided by a data subject.

The legal basis for data processing is Article 6(1)(f) GDPR. Our legitimate interest follows from the purposes of data collection listed above.

 

6.3 Hoster Mittwald

Mittwald: Services in the field of providing information technology infrastructure and associated services (e.g., storage space and/or computing power); Service provider: Mittwald CM Service GmbH & Co. KG, Königsberger Straße 4-6, 32339 Espelkamp, Germany; Website: https://www.mittwald.de; Privacy Policy: https://www.mittwald.de/datenschutz; Data Processing Agreement: https://www.mittwald.de/faq/service-informationen/faq/datenschutz-alles-wichtige-zur-dsgvo.

 

7. Cookies

7.1 General Information About Cookies

Cookies are small text files or other storage markers that store information on end devices and retrieve information from end devices. For example, to store the login status in a user account, the contents of a shopping cart in an online shop, the content accessed, or the functions used of an online offer. Cookies can also be used for various purposes, such as ensuring the functionality, security, and comfort of online offers, as well as creating analyses of visitor flows.

 

We use only session cookies:

  • Session cookies: Session cookies are deleted at the latest after a user leaves an online offer and closes their end device (e.g., browser or mobile application).
  • PHPSESSID - This cookie originally comes from PHP applications. The cookie is used to store and identify a user's unique session ID to manage the user session on the website. The cookie is a session cookie and is deleted when all browser windows are closed.

No tracking cookies are used

 

7.2 Legal Basis for the Use of Cookies

The data processed by cookies, which are necessary for the proper functioning of the website, are required to protect our legitimate interests as well as those of third parties under Article 6(1)(f) GDPR.

 

8. Content of Our Website

8.1 Contact / Contact Form

When contacting us (e.g., via contact form or email), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Article 6(1)(f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Article 6(1)(b) GDPR. Your data will be deleted after your request has been fully processed, i.e., when it can be inferred from the circumstances that the matter in question has been conclusively clarified, provided that no statutory retention obligations conflict.

 

8.2 Application Management / Job Portal

We collect and process the personal data of applicants for the purpose of processing the application procedure. The processing can also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents to us electronically, for example, by email or via a web form on the website. If we conclude an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant, the application documents are automatically deleted two months after the rejection decision is announced, provided that no other legitimate interests stand in the way of deletion. Another legitimate interest in this sense is, for example, a duty to provide evidence in a procedure under the General Equal Treatment Act (AGG).

The legal basis for processing your data is Article 88 GDPR in conjunction with § 26(1) BDSG.

 

9. Your Rights as a Data Subject

9.1 Right to Confirmation

You have the right to request confirmation from us as to whether personal data concerning you is being processed.

 

9.2 Right to Access (Article 15 GDPR)

You have the right to obtain information about your personal data stored by us at any time and to receive a copy of this data in accordance with legal provisions.

 

9.3 Right to Rectification (Article 16 GDPR)

You have the right to request the correction of inaccurate personal data concerning you. Furthermore, you have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

 

9.4 Right to Erasure (Article 17 GDPR)

You have the right to request the immediate deletion of personal data concerning you, provided that one of the statutory reasons applies and insofar as the processing or storage is not required.

 

9.5 Right to Restriction of Processing (Article 18 GDPR)

You have the right to request the restriction of processing if one of the legal conditions is met.

 

9.6 Right to Data Portability (Article 20 GDPR)

You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us, provided that 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) GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Furthermore, in exercising your right to data portability pursuant to Article 20(1) GDPR, you 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 others are not adversely affected.

 

9.7 Right to Object (Article 21 GDPR)

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6(1)(e) (data processing in the public interest) or (f) (data processing based on a balance of interests) GDPR.

This also applies to profiling based on these provisions within the meaning of Article 4(4) GDPR.

 

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is for the establishment, exercise, or defense of legal claims.

 

In addition, you have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out by us for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

In connection with the use of information society services, and notwithstanding Directive 2002/58/EC, you are free to exercise your right to object by automated means using technical specifications.

 

9.8 Right to Withdraw Consent for Data Protection

You have the right to withdraw consent to the processing of personal data at any time with effect for the future.

 

9.9 Right to Lodge a Complaint with a Supervisory Authority

You have the right to lodge a complaint with a supervisory authority responsible for data protection about our processing of personal data.

 

10. Routine Storage, Deletion, and Blocking of Personal Data

We process and store your personal data only for the period necessary to achieve the purpose of storage or as provided by the legal regulations to which our company is subject.

If the storage purpose ceases to apply or a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

 

11. Duration of Storage of Personal Data

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment of the contract or the initiation of a contract.

 

12. Currency and Modification of the Privacy Policy

This privacy policy is currently valid and is dated August 2024.

 

Due to the further development of our websites and offers or due to changed legal or regulatory requirements, it may become necessary to change this privacy policy. The current privacy policy can be accessed and printed by you at any time on this website.

 

13. Declaration of Compliance

Declaration of Compliance

Preventor is committed to conducting business around the world in an ethical way. Preventor and Preventor personnel are subject to various Anti-bribery and Anti-Corruption Laws that are applicable to our business in countries in which we conduct business activities. Those laws are further specified by industry standards such as the AdvaMed Code of Ethics.  Preventor has developed a Comprehensive Compliance Program that is designed to prevent and detect violations and is in accordance with the AdvaMed "Code of Ethics on Interactions with U.S. Health Care Professionals”.

 

To the best of our knowledge, Preventor has implemented and is in compliance with its Comprehensive Compliance Program and the California Health and Safety Code Chapter 8, §§ 119400-119402.

 

14. Terms of Use

The present website (the ‘Site’) is provided by Preventor µTBC GmbH (‘Preventor’) . This Site enables users (‘Users’) to gain access to information about the services and products of Preventor.

 

Please read the following terms of use and applicable policies (‘terms and conditions’) carefully prior to using this Site as they govern your use of any materials available through this Site.

 

By accessing, viewing, or using the material available on or through this Site, you, i.e. the User, acknowledge that you understand and accept these Terms and conditions to be the legal equivalent of a signed written contract equally binding and that you accept such Terms and conditions and agree to be legally bound by them. If you do not want to agree to these Terms and conditions you must not access or use the Site. Please note that Preventor reserves the right to change the terms, policies, conditions, and notices under which this Site is offered to you and your future occasional or continued use of this Site will be deemed your acceptance of any such changes.

 

14.1 Limitation of use

This Site and the materials and information available on or through this Site are provided, whether directly or indirectly, by Preventor as a service to its Users. Unless stated otherwise, Users of this Site are authorized to view, copy, print, and distribute the materials available on this Site for information purposes only so long as any copy of these materials or portion(s) thereof includes applicable intellectual property notices. As a further condition of use of this Site, each User warrants to Preventor that he or she will not use this Site for any purpose that is unlawful or prohibited by these Terms and conditions and in accordance with any applicable terms and conditions of any third party. Preventor may monitor for compliance with the Terms and conditions contained herein and may take appropaite action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Preventor’s website.

 

14.2 Product availability

The services and products shown on this website may not be available in certain markets and/or may be approved or cleared for sale in certain markets with different indications and restrictions. Please contact Preventor for additional information.

 

14.3 Reliance on information posted and disclaimer

The information presented on or through this Site is made available solely for general information purposes. Preventor does not warrant the accuracy, completeness, or usefulness of this information. Any reliance the User places on such information is strictly at the User’s own risk. Preventor disclaims all liability and responsibility arising from any reliance placed on such materials by the User or any other visitor to the Site, or by anyone who may be informed of any of its contents.

 

14.4 Confidentiality on the internet

Use of the internet is solely at User's own risk and is subject to applicable local, state, national, and international laws and regulations. While Preventor has endeavored to create a secure and reliable private site for its Users, please be advised that the confidentiality of any communication or material transmitted to/from this Site cannot be guaranteed. Accordingly, Preventor is not responsible for the security of any information transmitted via the internet, and the User assumes sole and complete risk for using this Site. The User must make its own determination as to these matters. For direct communication, User should contact Preventor and indicate that the User wants to have a representative to contact the User. In emailing Preventor for this reason, please provide any necessary contact information.

 

14.5 Security

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Unauthorized use includes, without limitation, unauthorized deep links to the site, attempts to gain access to the underlying software or attempts to gain control of the site, attempts to disrupt the normal operations of the site by way of viruses, trojan horses or other malicious code, denial of service attacks etc.. For the User's protection, Preventor reserves the right to view, monitor, and record activity on the Site without notice or permission from the User. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on this Site. Preventor will also comply with all court orders involving requests for such information.

 

14.6 Intellectual property

This Site is protected by law including, but not limited to, United States copyright and trademark law, as well as German and other state, national, and international laws, treaties and regulations. Except as expressly provided herein, Preventor does not grant any express or implied right to Users of this Site under any patent(s), copyright(s), trademark(s), or trade secret information. Accordingly, unauthorized use of any material contained on this Site may violate copyright, trademark, trade secret laws and/or rights of privacy and publicity. Preventor may actively enforce its intellectual property rights to the fullest extent in accordance with applicable laws and regulations.

 

Any ideas, suggestions, information, know how, material, or any other content received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Preventor to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part) worldwide, or act on such Content without additional approval or consideration, in any form, media or technology now known or later developed for the full term of any rights that may exist in such Content, and User hereby waives any claim to the contrary, including but not limited to payments or ownership.

 

14.7 Links and disclaimer of links

Preventor may, in its sole discretion, provide links to other sites on the internet for the convenience of its Users in locating related information and services. These sites have not been reviewed by Preventor and are maintained by third parties over which Preventor exercises no control, and accordingly, Preventor expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites.

 

14.8 General disclaimer

While Preventor endeavors to provide the most accurate, up-to-date information available, the information, products, and services available on this Site may include inaccuracies or typographical errors. Preventor may make modifications and/or changes on this Site or in the information, products, and services described on this Site at any time.

 

You, the user, assume the sole risk of making use and/or relying on the information, products, and services available on this Site. Preventor makes no representation whatsoever about the suitability or accuracy of the information, products, and services described or contained on this Site for any purpose. All such information, products, and services are provided "as is" without warranty of any kind, including any implied warranties and conditions of merchantability, fitness for a particular purpose, title, and/or noninfringement.

 

In no event shall Preventor be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Site or with the delay or inability to use this Site, or for any information, products, and services obtained through this Site, or otherwise arising out of the utilization of this Site, whether based in contract, tort, strict liability, or otherwise, even if Preventor has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.

 

Preventor disclaims all responsibility or liability for any damages caused by viruses or any other harmful code or is solution that may enter electronic files accessible through this Site and subsequently may affect a user's computer system.

 

14.9 Indemnity

By using the Site, you agree to these Terms and conditions and, thus, to defend and indemnify Preventor and its respective affiliates, and all of their officers, directors, shareholders, legal representatives, employees, successors, assigns, and agents and hold them harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from the User's use of this Site or any breach by User of these Terms and conditions.

 

14.10 Contact information

If you have questions regarding this Site or if you are interested in obtaining additional information concerning Preventor 's products or services, please contact us using the contact information provided on this Site.

 

14.11 Governing law

These Terms and conditions are governed by the laws of Germany excluding any laws or regulations of conflict. Any and all disputes arising out of or in connection with the use of this Site shall exclusively be brought before the courts of Germany.

 

14.12 Others

These Terms and conditions constitute the entire agreement between the User and Preventor with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Preventor with respect to this Site.

 

Failure to insist on strict performance of any of the Terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance by Preventor. No waiver by Preventor of any right under these Terms and conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time unless made in writing and duly signed by an authorized representative of Preventor.

 

A printed version of these Terms and conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

If any part of these Terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and conditions shall continue in effect.

 

Any rights not expressly granted herein are reserved by Preventor.

 

A copy Preventor’s Comprehensive Compliance Program may be obtained by E-Mail by contacting us at info@preventor.de.

Last updated August 30, 2024