Nutzungsbedingungen

A. Our Commitment to Data Privacy

Protecting the security and privacy of your Personal Data is important to us. We conduct our business in compliance with applicable laws on data privacy protection and data security. We have created this Privacy Policy to demonstrate our commitment to every individual`s right to data protection and privacy. This Privacy Policy outlines how we handle information that can be used to directly or indirectly identify you (“Personal Data”).

Our global data privacy compliance program also consists of the implementation of unambiguous authorizations and consents, EU Standard Contractual Clauses, model contracts/transfer agreements, privacy principles, privacy statements, privacy policies and country-specific registrations and filings. This Privacy Policy covers the Web site www.sivantos.com, and all other applicable Sivantos web sites (individually “Web Site” and collectively “Web Sites”) as well as software applications (‘Applications’) provided by Sivantos.

B. When does this Privacy Policy apply?

This Privacy Policy applies to Personal Data (e.g. your name, address, telephone number or e-mail address) that you provide to us or which is derived from your Personal Data as outlined below.

In the event of any inconsistency between the English and non-English version of this Privacy Policy (where translated for local requirements), the English version of this Privacy Policy shall govern, to the extent permitted by applicable laws.

C. Data Controller

The data controller of www.sivantos.com is Sivantos. Where a registration or consent form is presented on our Web Sites or in your use of any of our Applications, the data controller may vary and may be an affiliate or subsidiary of Sivantos (collectively ‘Sivantos’) depending on the actual offering or the purpose of the data collection but it is in any case displayed on the applicable registration or consent form. For inquiries you may contact our Data Protection Officer at dpo@sivantos.com.

D. Why do I need to provide my Personal data?

As a general principle, your granting of any consent and your provision of any Personal Data hereunder is entirely voluntary and which you may revoke at any time as provided in this Privacy Policy.

We do not collect your Personal Data through our Web Sites and Applications unless you voluntarily allow us to do so (e.g. by way of registrations, surveys), provide us with your consent or unless otherwise permitted by applicable laws and regulations for the protection of your Personal Data.

E. What is my Personal Data used for?

We will process your Personal Data only as set out in this Privacy Policy, your registration form or consent. Further information can be found in the Purpose of Use section below.

F. Duration of processing of Personal Data.

Where we are processing and using your Personal Data pursuant this Privacy Policy or as permitted by law, we will store your Personal Data (i) only for as long as is required to fulfil the purposes set out in this Privacy Policy or (ii) until you object to our continued use of your Personal Data (in the case where we have a legitimate interest in using your Personal Data), or (iii) until you withdraw your consent (in the case where you had consented to us using your Personal Data). However, where we are required by mandatory law to retain your Personal Data longer or where your Personal Data is required for us to assert or defend against legal claims, we will retain your Personal Data until the end of the relevant retention period or until the claims in question have been settled.

G. Where will my Personal Data be processed?

As part of a global group of companies, we have affiliates and subsidiaries within as well as outside of the European Economic Area (the “EEA”). Therefore, whenever we use or process your Personal Data for the purposes set out in this Privacy Policy, we may transfer your Personal Data to our affiliates and subsidiaries located in countries outside of the EEA including to such countries in which a statutory level of data protection applies that is not comparable to the level of data protection within the EEA. Whenever such transfer occurs, it is based on Intercompany Agreements that are based on the Standard Contractual Clauses (according to EU Commission Decision 87/2010/EC or any future replacement) to contractually provide that your Personal Data is subject to a level of data protection that applies within the EEA.

H. What are my rights?

In General. You can at any time request from us information about which of your Personal Data we are processing as well as the correction or deletion of such Personal Data. Please note, however, that we can delete your Personal Data only if there is no statutory obligation or prevailing right for us to retain it. Kindly note that if you request us to delete your Personal Data, you will not be able to continue to use the applicable Web Sites, Applications or any related Sivantos services that requires Sivantos’ use of your Personal Data.

Request a copy. If we use your Personal Data based on your consent or to perform a contract with you, you may request from us for a copy of your Personal Data that you had provided. In this case, please contact us at apps@sivantos.com and specify the Personal Data and the format in which you would like to receive the Personal Data.

Right to be forgotten / Restriction of use. You may request us to restrict any processing of your Personal Data  in any of the following events: (i) you inform us that the Personal Data that we have of you is incorrect, (in such cases we may continue to retain such of your Personal Data to check its accuracy), (ii) that we have no legal basis to process your Personal Data, or (iii) you object to our processing of your Personal Data based on our legitimate interest as set out in Section L below.

Right to lodge a complaint. If you have reason to believe that we are not processing your Personal Data in accordance with the requirements of this Privacy Policy or applicable EEA data protection laws, you may choose to lodge a complaint with the data protection authority of the EEA country in which you live or with the relevant data protection authority of the country or state in which applicable Sivantos entity is located.

I. Further Restrictions and Specific Provisions

Use of this website by children. This website is not intended for anyone under the age of 16 years. If you are younger than 16, you may not register with or use this website.

Links to other websites. This website may contain links to foreign (meaning non-Sivantos companies) websites. Sivantos is not responsible for the privacy practices or the content of websites outside Sivantos. Therefore, we recommend that you carefully read the privacy statements of such foreign sites.

J. Use of technical measures, e.g. Cookies etc.

Non-Personal Data Collected Automatically

When you access our Web Sites or use our Applications, we may automatically (i.e., not by registration) collect non- personal data (e.g. type of Internet browser and operating system used, domain name of the Web Sites from which you came, number of visits, average time spent on the site, pages viewed). We may use such data and share it with its affiliates and subsidiaries to improve the performance, content or appearance of the Web Sites and Applications.

“Cookies” – Information Stored Automatically on Your Computer

When you use our Web Sites or Applications, we may store some data on your computer in the form of a “Cookie” to automatically recognize your computer next time you use our Web Sites or Applications. Cookies can help us in many ways, for example, by allowing us to tailor our Web Site or Applications to better match your interests or to store your password to save you having to re-enter it each time. If you do not wish to receive Cookies, please configure your Internet browser to erase all cookies from your computer’s hard drive, block all Cookies or to receive a warning before a Cookie is stored. For more details in how we use Cookies and how to opt-out please refer to our Cookie Policy http://www.sivantos.de/cookie-policy.

Adobe Analytics

We store anonymized user information on our Web Sites and Applications using Adobe Analytics tool. Adobe Analytics anonymously stores and analyzes various kinds of data, including our Web Sites and metadata, web sites that link to our Web Sites, the time of the visit, and the browser used. These are used for the purposes of optimizing the Web Sites and are not connected with personal data without your explicit consent. You can, however, object to this data collection and opt out for future visits to the Web Sites by following the link below. The web analytics service also uses cookies that are stored on your computer and makes it possible to analyze your use of the Web Sites. The information generated by a cookie of your use of our Web Sites is transmitted exclusively in an anonymous form to a server operated by the web analysis service, and is then stored there.

You can block the collection or processing of data generated by the cookie related to your visit to our Web Sites by Adobe, by stating your intention to opt-out via the following link: http://www.adobe.com/privacy/opt-out.html.

Google Analytics

Our Web Sites makes use of 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 our Web Sites. The information generated by the cookie about your use of our Web Sites will generally be transmitted to and stored by Google on servers in the United States. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA, where it will be abbreviated. At our request, Google will use this information for purpose of evaluating your use of our Web Sites, compiling reports on our Web Sites activity for Web Site operators and providing other services relating to Web Site activity and internet usage. The IP address transmitted by your browser by Google Analytics will not be associated with other Google data. 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 our Web Sites. In addition, you can prevent the collection of the data generated by the cookie and associated with your use of our Web Sites (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout.

K. Security

To protect your personal data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access, we use technical and organizational security measures.

L. Purpose of Use

In the following cases, we are permitted to process your Personal Data under the applicable data protection laws.

a) Providing the requested goods or services. If you order goods or services from us, we will use your Personal Data (e.g. your name, (email) address, telephone number, company name and address credit card number or bank details) only to process your order or to provide the requested goods or service. This may also include conversation data that you may trigger via the chat functionalities, contact forms, emails, or telephone. In this Privacy Policy, “goods and services” includes Sivantos hearing aids and related services, web services, offerings, contests, other content, non-marketing related newsletters, tutorials, trainings and events.

b) Communication. We communicate on a regular basis by email with users who use our goods or related services, and we may also communicate by phone to resolve customer complaints or investigate suspicious transactions. We may use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our goods and services, and to send notices and other disclosures as required by law. Generally, users cannot opt out of these communications, which are not marketing-related but merely required for the relevant business relationship.

c) Compliance. Furthermore, you acknowledge that any information required to track your choices regarding the processing or use of your Personal Data or receipt of marketing materials may be stored and exchanged between members of Sivantos to ensure compliance.

d) Sivantos’ legitimate interest. Each of the use cases in sub-paragraphs e) to g) below constitutes our legitimate interest to process or use your Personal Data. If you do not agree with this approach, you may object against our processing or use of your Personal Data as set out below.

e) Questionnaires and surveys. We may invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any Personal Data. If you nonetheless enter Personal Data in a questionnaire or survey, we may use such Personal Data to improve Sivantos goods and services.

f) Creation of anonymized data sets. We may anonymize Personal Data provided under this Privacy Statement to create anonymized data sets, which will then be used to improve Sivantos goods and services.

g) Recording of calls and chats for quality improvement purposes. In case of telephone calls or chat sessions, we may record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions to improve the quality of our services.

h) Right to object. You may object to our using Personal Data for the above purposes at any time. If you do so, we will cease using your Personal Data for the above purposes and remove it from its systems unless we are permitted to use such Personal Data for another purpose set out in this Privacy Statement or we determine and demonstrate a compelling legitimate interest to continue processing your Personal Data (in cases where this is required by mandatory local laws, e.g. for tax purposes etc.).

In the following cases we will only use your Personal Data as further detailed below after you have granted your prior consent.

a) News about Sivantos’ Products and Services. We may use your name, email and postal address, telephone number, and basic information about your employer (name and address) to keep you up to date on the latest product announcements and other information about Sivantos’ goods and services (including marketing-related newsletters) as well as events of Sivantos and to display relevant content on our Web Sites.

b) Forwarding your Personal Data to other Sivantos companies. We may transfer your Personal Data to other entities within Sivantos. In such cases, these entities will use your Personal Data for the same purposes and under the same conditions as outlined above.

M. Questions and Comments

We will respond to reasonable requests to review your personal data and to correct, amend or delete any inaccuracies. Please contact us at apps@sivantos.com for such requests.

If you have a complaint about how your personal information is handled by us, you may contact the person, department or office that you have been dealing with. You can alternatively contact our Data Privacy Officer, dpo@sivantos.com and the responsible data privacy personnel shall contact you within a reasonable timeframe.

This Privacy Policy may be updated and amended from time to time. Please check this page regularly to keep up-to-date. Your continued or subsequent access or use of our Web Sites and Applications shall be deemed to be your acceptance of the amended or modified Privacy Policy. In accessing or using our Web Sites and Applications, the Privacy Policy is accepted by you in its then-current version. If you do not agree to the Privacy Policy, please do not use our Web Sites and Applications.