PRIVACY POLICY IN ACCORDANCE WITH THE GDPR

PRIVACY POLICY IN ACCORDANCE WITH THE GDPR

1. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

NUVISAN Pharma Holding GmbH
Wegenerstr. 13
D-89231 Neu-Ulm
Germany

Headquarters
Phone: +49 731 9840 0
Email:hello@nuvisan.com
Web: www.nuvisan.com

2. Name and address of the data protection officer

The data protection officer for the controller is:

Mr Arnold / Mr Joisten
AVIATICS Cost & Safety Management GmbH & Co. KG
Edmund-Rumpler-Str. 6
51149 Cologne
Germany

Tel.: +49 211 95784 710
Email: datenschutz@aviatics.de

3. Use of cookies

The internet pages of NUVISAN GmbH use cookies. Cookies are data that is stored by the internet browser on the user’s computer system. The cookies can be transmitted to a web page when it is called up and thus enable the user to be identified. Cookies help to simplify the use of Internet pages for users.

It is possible to object to the setting of cookies at any time by changing the setting in the Internet browser. Cookies that have been set can be deleted. Please note that if you deactivate cookies, you may not be able to use all the functions of our website to their full extent.

4. Creation of log files

Each time the website is accessed, NUVISAN GmbH records data and information using an automated system. This information is stored in the server’s log files.

The following data can be collected:

• Information about the browser type and the version used
• The user’s operating system
• The user’s Internet service provider
• The user’s IP address
• Date and time when the website was accessed
• Websites from which the user’s system accesses our website (referrer)
• Websites that are accessed by the user’s system via our website

The data is processed in order to deliver the contents of our website, ensure the functionality of our information technology systems and optimise our website. The data from the log files is always stored separately from other personal data belonging to the user.

5. Newsletter

If a user subscribes to the company’s newsletter, the data in the respective input mask will be transmitted to the controller.

When subscribing to the newsletter, the user’s IP address as well as the date and time of registration are stored. This serves to prevent misuse of the services or the email address of the data subject. The data is not passed on to third parties. An exception to this is if there is a legal obligation to pass on the data.

The data is used exclusively for sending the newsletter. The subscription to the newsletter can be cancelled by the data subject at any time. Likewise, consent to the storage of personal data can be revoked at any time. For this purpose, a corresponding link can be found in each newsletter.

6. Options for contacting us

The company’s website contains a contact form that can be used for contacting the company electronically. Alternatively, it is possible to contact the company using the email address provided. If the data subject contacts the controller via one of these channels, the personal data transmitted by the data subject will be stored automatically. The data is stored solely for the purpose of processing or contacting the data subject. The data will not be passed on to third parties.

7. Routine erasure and blocking of personal data

The controller shall process and store the data subject’s personal data only for as long as is necessary to achieve the purpose of the storage. In addition, the data can be stored insofar as this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject.

As soon as the storage purpose ceases to apply or a storage period prescribed by the aforementioned regulations expires, the personal data is routinely blocked or erased.

8. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the controller:

• Right of access

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If such processing is taking place, you may request the controller to provide you with the following information:

1. the purposes for which the personal data is processed;
2. the categories of personal data which is processed;
3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
4. the planned duration for storing the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage period;
5. the existence of a right to rectify or erase personal data concerning you, a right to have processing restricted by the controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. any available information on the origin of the data if the personal data is not collected from the data subject;
8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer.

In the case of data processing for scientific or historical research purposes or for statistical research purposes:

This right of access may be restricted to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the restriction is necessary for fulfilling the research or statistical purposes.

• Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you is inaccurate or incomplete. The controller shall make the rectification without undue delay.

In the case of data processing for scientific or historical research purposes or for statistical research purposes:

Your right to rectification may be restricted to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the restriction is necessary for fulfilling the research or statistical purposes.

• Right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

1. if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
2. the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
3. the controller no longer needs the personal data for the purposes of the processing, but you need them for the establishment, exercise or defence of legal claims; or
4. if you have objected to the processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

Where the processing of personal data concerning you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

In the case of data processing for scientific or historical research purposes or for statistical research purposes:

Your right to restrict processing may be limited to the extent that it is likely to render impossible or seriously impede the achievement of the research or statistical purposes and the restriction is necessary for fulfilling the research or statistical purposes.

• Right to erasure

8.4.1.   You may request from the controller the erasure of personal data concerning you without undue delay and the controller is obliged to erase this data without undue delay if one of the following grounds applies:

1. The personal data concerning you is no longer necessary for the purposes for which they were collected or otherwise processed.
2. You withdraw your consent on which the processing was based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
3. You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.
4. The personal data concerning you have been processed unlawfully.
5. The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
6. The personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

8.4.2.   If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) GDPR, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which process the personal data that you, as the data subject, have requested that they erase all links to, or copies or replications of, those personal data.

8.4.3.   The right to erasure does not exist to the extent that the processing is necessary

1. for exercising the right to freedom of expression and information;
2. for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
3. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
5. for the establishment, exercise or defence of legal claims.

• Right to be notified

If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

You have the right to be notified about these recipients by the controller.

• Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data was provided, where

1. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) GDPR, and
2. the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not adversely affect the rights and freedoms of others.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

• Right to object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

The controller shall no longer process the personal data concerning you unless the controller can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of establishing, exercising or defending legal claims.

If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this includes profiling to the extent that it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

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

In the case of data processing for scientific or historical research purposes or for statistical research purposes:

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR.

Your right to object may be restricted to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the restriction is necessary for fulfilling the research or statistical purposes.

• Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

• Automated individual decision-making including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

1. is necessary for entering into, or performance of, a contract between you and the controller,
2. is authorised under Union or Member State legislation to which the controller is subject and that legislation lays down suitable measures to safeguard your rights and freedoms and your legitimate interests, or
3. is based on your explicit consent.

However, these decisions may not be based on special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in points (a) and (c) of Article 22(2) GDPR, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

• Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

9. Disclosure of data to third parties

This website uses 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 analyse how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

However, in the event that IP anonymisation is activated on this website, 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. IP anonymisation is active on this website. On behalf of the operator of this website, 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 the website operator.

The IP address transmitted by your browser as part of Google Analytics will not be merged 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 this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en-GB.

10. Legal basis for the processing

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

If processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Article 6(1)(d) GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Article 6(1)(f) GDPR serves as the legal basis for the processing. The legitimate interest of our company lies in the performance of our business activities.

11. Duration for storing personal data

Personal data is stored for the duration of the respective statutory retention period. After expiry of this period, the data is routinely erased unless it is necessary for the initiation or fulfilment of a contract.