Privacy Policy of ZMT Zurich MedTech AG

Effective Date: 01.12.2018.

With this Data Protection Statement, we, ZMT Zurich MedTech AG (hereinafter also ZMT, we, or us), describe how we collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements are applicable to specific circumstances.

The term "personal data" in this Data Protection Statement refers to any information that identifies, or could reasonably be used to identify any person.

If you provide us with personal data of other persons (such as family members, work colleagues), please make sure the respective persons are aware of this Data Protection Statement and only provide us with their data if you are allowed to do so and such personal data is correct.

This Data Protection Statement is in line with the EU General Data Protection Regulation (GDPR). Although the GDPR is a regulation of the European Union (EU), it may be relevant for us. The Swiss data protection legislation (FADP) is heavily influenced by the law of the European Union. In addition, companies outside of the European Union or the European Economic Area (EEA) must comply with the GDPR in certain cases.

1. Controller / Data Protection Officer / Representative
   The "controller" of data processing as described in this data protection statement (i.e., the responsible person) is
   
   ZMT Zurich MedTech AG
   Zeughausstrasse 43
   8004 Zurich
   Switzerland.
   
   You can notify us of any data protection related concerns using the following contact details:
   Dr. Nicolas Chavannes, Data Protection Officer, ZMT Zurich MedTech AG, Zeughausstrasse 43, 8004 Zurich, Switzerland; email: dataprotection@zmt.swiss.
   
   
2. Collection and Processing of Personal Data
   

   We primarily process personal data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps, and other applications.

   Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g., commercial registers, press, internet) or we may receive such information from affiliated companies of ZMT, e.g., sales channels.
   

   Apart from data you provided to us directly, the categories of data we receive about you from third parties include, but are not limited to, information from public registers, information in connection with your professional role and activities (e.g., in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information (if we conduct business activities with you personally), information about you given to us by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g., references, your delivery-address, powers of attorney), information regarding legal regulations such as export restrictions, bank details, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services or products to you or by you (e.g., payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, local-ization data).
   
   

3. Purpose of Data Processing and Legal Grounds
   

   We primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with the delivery of near-field instrumentation and simulation tools (i.e., hardware and software) to our clients and the procurement of products and services from our suppliers and sub-contractors, as well as in order to comply with our domestic and foreign legal obligations. You may be also affected by our data processing in your capacity as an employee of such a client or business partner.
   

   In addition, in line with applicable Swiss law and where appropriate, we may process your personal data for the following purposes, which are in our (or, as the case may be, any third parties') legitimate interest, such as: 
   

   • providing and developing our products, services and websites, apps and other plat-forms, on which we are active;
   • communication with third parties and processing of their requests (e.g., job applications, media inquiries);
   • review and optimization of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal data from publicly accessible sources for customer acquisition;
   • advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
   • market and opinion research, media surveillance;
   • asserting legal claims and defense in legal disputes and official proceedings;
   • ensuring our operation, including our IT, our websites, apps and other appliances;

   If you have given us your consent to process your personal data for certain purposes (for example when registering to receive our newsletter), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.
   
   

4. Cookies / Tracking and Other Techniques Regarding the Use of our Website
   

   We typically use "cookies" and similar techniques on our websites, which allow for an identification of your browser or device. A cookie is a small text file that is sent to your computer and automatically saved by the web browser on your computer or mobile device, when you visit our website. If you revisit our website, we may recognize you, even if we do not know your identity. Besides cookies that are only used during a session and deleted after your visit of the website ("session cookies"), we may use cookies in order to save user configurations and other information for a time period of two years ("permanent cookies"). Notwithstanding the foregoing, you may configure your browser settings in a way that it rejects cookies, only saves them for one session or deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies for the purpose of saving user configuration (e.g., language, automated log in). If you block cookies, it is possible that certain functions (such as, e.g., language settings, ordering processes) are no longer available to you.
   

   In accordance with applicable law, we may include visible and invisible image files in our newsletters and other marketing e-mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the e-mail, so that we can measure and better understand how you use our offers and customize them. You may disable this in your e-mail program, which will usually be a default setting.
   

   By using our websites or consenting to the receipt of newsletters and other marketing e-mails you agree to our use of such techniques. If you object, you must configure your browser or e-mail program accordingly.
   

   We may use Google Analytics or similar services on our website. These are services provided by third parties, which may be located in any country worldwide (in the case of Google Analytics Google LLC is in the U.S., www.google.com) and which allow us to measure and evaluate the use of our website (on an anonymized basis). For this purpose, permanent cookies are used, which are set by the service provider. The service provider does not receive (and does not retain) any personal data from us, but the service provider may track your use of the website, combine this information with data from other websites you have visited and which are also tracked by the respective service provider and may use this in-formation for its own purposes (e.g., to controlling of advertisements). If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your personal data by the service provider will be conducted in accordance with its data protection regulations. The service provider only provides us with data on the use of the respective website (but not any personal information of you).
   
   

5. Datatransfer and Transfer of Data Abroad
   

   In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:
   

   • our service providers, including processors (such as e.g. IT providers);
   • dealers, suppliers, sub-contractors, and other business partners;
   • clients;
   • domestic and foreign authorities or courts;
   • the media;
   • the public, including users of our websites and social media;
   • other parties in possible or pending legal proceedings;
   • members of the Z43 alliance (for further information on these institutions refer to www.z43.swiss)

   (hereinafter Recipients).

   Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to any country in which ZMT is represented by affiliates, branches or other offices (https://zmt.swiss/about/about-zmt/contact/) as well as to other countries in Europe and the USA where our sales agents and service providers are located. If we transfer data to a country without adequate legal data protection, we ensure an appropriate level of protection as legally required by way of using appropriate contracts (or binding corporate rules or we rely on the statutory exceptions of consent, performance of contracts, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the persons concerned.
   
   

6. Retention Periods for your Personal Data
   

   We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e., for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).
   
   

7. Data Security
   

   We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as IT and network security solutions, access controls and restrictions, and encryption of data carriers and transmissions.
   
   

8. Your Rights
   

   In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification, and erasure of your personal data, the right to restriction of processing or to object to our data processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
   

   In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the address provided in Section 1 above.
   

   In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
   
   

9. Amendments of this Data Protection Statement
   

   We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.