Distalmotion

Privacy Notice

1. WHAT IS THIS PRIVACY NOTICE ABOUT?

Distalmotion collects and processes personal data (also « data ») that concern you but also other individuals (« third parties »). Distalmotion means Distalmotion SA and its subsidiaries. 

In this Privacy Notice, we describe what we do with your data when you use our website, obtain services or products from us, interact with us in relation to a contract, communicate with us or otherwise deal with us. When appropriate we will provide a just-in-time notice to cover any additional processing activities not mentioned in this Privacy Notice. Our website, services and products are intended for our business customers and their end users (e.g., hospitals and surgeons) and are not directed to nor intended for use by consumers or patients in their individual capacity.

If you disclose data to us or share data with us about other individuals, we assume that you are authorized to do so, and that the relevant data is accurate. Please make sure that these individuals have been informed about this Privacy Notice.

This Privacy Notice is aligned with the EU General Data Protection Regulation (« GDPR »), the Swiss Federal Data Protection Act (« FDPA »). However, the application of these laws depends on each individual case.

 

2. WHO IS THE CONTROLLER FOR PROCESSING YOUR DATA?

Distalmotion SA, Route de la Corniche 3B, 1066 Epalinges, Switzerland is the controller for Distalmotion’s processing under this Privacy Notice, unless we tell you otherwise in an individual case.

You may contact us for data protection concerns and to exercise your rights:

Distalmotion SA
Route de la Corniche 3B
1066 Epalinges, Switzerland
e-mail: compliance@distalmotion.com

We have appointed the following additional positions:

Data Protection Officer and representative in the EU:

DP Dock DPO Services GmbH
Att.: Distalmotion SA
Grüffkamp 10
24159 Kiel, Germany
e-mail: dpo@distalmotion.com

Data Protection Representative in the UK:

DP Data Protection Services UK Ltd
Attn.: Distalmotion SA
Great Queen Street 16
WC2B 5AH London, United Kingdom
e-mail: dpo@distalmotion.com

 

3. WHAT DATA DO WE PROCESS?

We process various categories of data about you. The main categories of data are the following: 

  • Technical data: When you use our website or other online offerings, we collect the IP address of your terminal device and other technical data in order to ensure the functionality and security of these offerings. This data includes logs with records of the use of our systems. In order to ensure the functionality of these offerings, we may also assign an individual code to you or your terminal device (for example as a cookie, see Section 12). Technical data as such does not permit us to draw conclusions about your identity. However, technical data may be linked with other categories of data in relation to user accounts, registrations, access controls or the performance of a contract. 
  • Registration data: Certain offerings and services can only be used with a user account or registration, which can happen directly with us or through our third-party login service providers. In this regard you must provide us with certain data, and we collect data about the use of the offering or service. Registration data may be required in relation to access control to certain facilities, potentially including biometric data, depending on the control system. 
  • Communication data: When you are in contact with us via the contact form, by e-mail, telephone, or by letter or other means of communication, we collect the data exchanged between you and us, including your contact details and the metadata of the communication. If we have to determine your identity, we collect data to identify you (for example a copy of an ID document).
  • Master data: With master data we mean the basic data that we need, in addition to contract data (see below), for the performance of our contractual and other business relationships or for marketing and promotional purposes, such as name and contact details, and information about, for example, your role and function, your bank details, your date of birth, customer history, powers of attorney, signature authorizations and declarations of consent. We process your master data if you are a customer or other business contact or work for one (for example as a contact person of the business partner), or because we wish to address you for our own purposes or for the purposes of a contractual partner (for example as part of marketing and advertising). We receive master data from you (for example when you make a purchase or as part of a registration), from parties you work for, or from third parties such as contractual partners, associations and address brokers, and from public sources such as public registers or the internet (websites, social media, etc.). 
  • Contract data: This means data that is collected in relation to the conclusion or performance of a contract, for example information about the contracts and the services provided or to be provided, as well as data from the period leading up to the conclusion of a contract, information required or used for performing a contract, and information about feedback. We generally collect this data from you, from contractual partners and from third parties involved in the performance of the contract, but also from third-party sources and from public sources. 
  • Behavioral and preference data: Depending on our relationship with you, we try to get to know you better and to tailor our products, services and offers to you. For this purpose, we collect and process data about your behavior and preferences. We do so by evaluating information about your behavior in our domain, and we may also supplement this information with third-party information, including from public sources. Based on this data, we can for example determine the likelihood that you will use certain services or behave in a certain way. The data processed for this purpose is already known to us (for example where and when you use our services), or we collect it by recording your behavior (for example how you navigate our website). 
  • Other data: We also collect data from you in other situations. For example, data that may relate to you (such as files, evidence, etc.) is processed in relation to administrative or judicial proceedings. We may also collect data for health protection (for example as part of health protection concepts). We may obtain or create photos, videos and sound recordings in which you may be identifiable (for example at events, with security cameras, etc.). We may also collect data about who enters certain buildings, and when or who has access rights (including in relation to access controls, based on registration data or lists of visitors, etc.), who participates in events or campaigns and who uses our infrastructure and systems and when. The retention period for this data depends on the processing purpose and is limited to what is necessary. 

Much of the data set out in this Section 3 is provided to us by you. You are not obliged or required to disclose data to us except in certain cases. If you wish to enter into contracts with us or use our services, you must also provide us with certain data, in particular master data, contract data and registration data, as part of your contractual obligation under the relevant contract. When using our website, the processing of technical data cannot be avoided. If you wish to gain access to certain systems or buildings, you must also provide us with registration data. 

As far as it is not unlawful, we also collect data from public sources or receive data from public authorities and from other third parties.

 

4. FOR WHAT PURPOSES DO WE PROCESS YOUR DATA?

We process your data for the following purposes: 

  • We process your data for communication with you, in particular in relation to responding to inquiries and the exercise of your rights (Section 11) and to enable us to contact you in case of queries
  • for the conclusion, administration and performance of contractual relationships 
  • for marketing purposes and relationship management
  • for security and access control purposes. 
  • to comply with laws, directives and recommendations from authorities and internal regulations
  • for our risk management and as part of our corporate governance, including business organization and development
  • for further purposes, for example as part of our internal processes and administration 

 

5. ON WHAT BASIS DO WE PROCESS YOUR DATA?

Where we ask for your consent for certain processing activities, we will inform you separately about the relevant processing purposes. You may withdraw your consent at any time with effect for the future; see our contact details in Section 2. For withdrawing consent for online tracking, see Section 12. Where you have a user account, you may also withdraw consent or contact us also through the relevant website or other service, as applicable. Once we have received notification of withdrawal of consent, we will no longer process your information for the purpose(s) you consented to, unless we have another legal basis to do so. Withdrawal of consent does not, however, affect the lawfulness of the processing based on the consent prior to withdrawal.

Where we do not ask for consent for processing, the processing of your personal data relies on the requirement of the processing for initiating or performing a contract with you (or the entity you represent) or on our or a third-party legitimate interest in the particular processing, in particular in pursuing the purposes and objectives set out in Section 4 and in implementing related measures. Our legitimate interests also include compliance with legal regulations, insofar as this is not already recognized as a legal basis by applicable data protection law (for example in the case of the GDPR, the laws in the EEA and in the case of the FDPA, Swiss law).

Where we receive sensitive personal data (for example health data, data about political opinions, religious or philosophical beliefs, and biometric data for identification purposes), we may process your data on other legal basis.

 

6. WHAT APPLIES IN CASE OF PROFILING AND AUTOMATED INDIVIDUAL DECISIONS?

We may automatically evaluate personal aspects relating to you (« profiling ») based on your data (Section 3) for the purposes set out in Section 4, where we wish to determine preference data, but also in order to detect misuse and security risks, to perform statistical analysis or for operational planning. We may also create profiles for these purposes, i.e. we may combine behavioral and preference data, but also master data, contract data and technical data relating to you in order to better understand you as a person with your various interests and other characteristics. 

In both cases, we pay attention to the proportionality and reliability of the results and take measures against misuse of these profiles or profiling. Where these can produce legal effects concerning you or similarly significantly affect you, we generally ensure human review. 

 

7. WITH WHOM DO WE SHARE YOUR DATA?

In relation to our contracts, the website, our services and products, our legal obligations or otherwise with protecting our legitimate interests and the other purposes set out in Section 4, we may disclose your personal data to third parties, in particular to the following categories of recipients: 

  • Service providers: We work with service providers in Switzerland and abroad who process your data on our behalf or as joint controllers with us or who receive data about you from us as separate controllers.
  • Contractual partners including customers: This refers to customers and our other contractual partners as this data disclosure results from these contracts. If you work for one of these contractual partners, we may also disclose data about you to that partner in this regard. These recipients also include contractual partners with whom we cooperate.
  • Authorities: We may disclose personal data to agencies, courts and other authorities in Switzerland and abroad if we are legally obliged or entitled to make such disclosures or if it appears necessary to protect our interests.
  • Other persons: This means other cases where interactions with third parties follows from the purposes set out in Section 4. 

All these categories of recipients may involve third parties, so that your data may also be disclosed to them. We can restrict the processing by certain third parties (for example IT providers), but not by others (for example authorities, banks, etc.).

 

8. IS YOUR PERSONAL DATA DISCLOSED ABROAD?

As explained in Section 7, we disclose data to other parties. These are not all located in Switzerland. Your data may therefore be processed both in Europe and in exceptional cases, in any country in the world. 

If a recipient is located in a country without adequate data protection, we require the recipient to undertake to comply with data protection (for this purpose, we use the European Commission’s standard contractual clauses, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing. 

 

9. HOW LONG DO WE PROCESS YOUR DATA?

We process your data for as long as our processing purposes, the legal retention periods and our legitimate interests in documentation and keeping evidence require it or storage is a technical requirement. If there are no contrary legal or contractual obligations, we will delete or anonymize your data once the storage or processing period has expired as part of our usual processes. 

 

10. HOW DO WE PROTECT YOUR DATA?

We take appropriate security measures in order to maintain the required security of your personal data and ensure its confidentiality, integrity and availability, and to protect it against unauthorized or unlawful processing, and to mitigate the risk of loss, accidental alteration, unauthorized disclosure or access. 

 

11. WHAT ARE YOUR RIGHTS?

To help you control the processing of your personal data, you have the following rights in relation to our data processing, depending on the applicable data protection law: 

  • The right to request information from us as to whether and what data we process from you;
  • The right to have us correct data if it is inaccurate;
  • The right to request erasure of data;
  • The right to request that we provide certain personal data in a commonly used electronic format or transfer it to another controller;
  • The right to withdraw consent, where our processing is based on your consent;
  • The right to receive, upon request, further information that is helpful for the exercise of these rights;

If you wish to exercise the above-mentioned rights in relation to us, please contact us in writing, at our premises or, unless otherwise specified or agreed, by e-mail; you will find our contact details in Section 2. In order for us to be able to prevent misuse, we need to identify you.

Please note that conditions, exceptions or restrictions apply to these rights under applicable data protection law. We will inform you accordingly where applicable.

If you do not agree with the way we handle your rights or with our data protection practices, please let us or our Data Protection Officer (Section 2) know. If you are located in the EEA, the United Kingdom or in Switzerland, you also have the right to lodge a complaint with the competent data protection supervisory authority in your country.

 

12. DO WE USE ONLINE TRACKING AND ONLINE ADVERTISING TECHNIQUES?

We use various techniques on our website that allow us and third parties engaged by us to recognize you during your use of our website, and possibly to track you across several visits. This Section informs you about this.

In essence, we wish to distinguish access by you (through your system) from access by other users, so that we can ensure the functionality of the website and carry out analysis and personalization. We do not intend to determine your identity, even if that is possible where we or third parties engaged by us can identify you by combination with registration data. However, even without registration data, the technologies we use are designed in such a way that you are recognized as an individual visitor each time you access the website, for example by our server (or third-party servers) that assign a specific identification number to you or your browser (so-called « cookie »). 

Cookies are individual codes (for example a serial number) that our server or a server of our service providers or advertising partners transmits to your system when you connect to our website, and that your system (browser, cell phone) accepts and stores until the set expiration time. Your system transmits these codes to our server or the third-party server with each additional access. That way, you are recognized even if your identity is unknown.

We distinguish the following categories of « cookies »:

  • Necessary cookies: Some cookies are necessary for the functioning of the website or for certain features. For example, they ensure that you can move between pages without losing information that was entered in a form. They also ensure that you stay logged in. These cookies exist temporarily only (« session cookies »). If you block them, the website may not work properly. Other cookies are necessary for the server to store options or information (which you have entered) beyond a session (i.e. a visit to the website) if you use this function (for example language settings, consents, automatic login functionality, etc.).
  • Performance cookies: In order to optimize our website and related offers and to better adapt them to the needs of the users, we use cookies to record and analyze the use of our website, potentially beyond one session. We use third-party analytics services for this purpose. We have listed them below.

Whenever you access a server (for example when you use a website or an app, or because an e-mail includes a visible or invisible image), your visits can therefore be « tracked ». If we integrate offers from an advertising partner or a provider of an analysis tool on our website, they may track you in the same way, even if you cannot be identified in a particular case.

We may also integrate additional third-party offers on our website, in particular from social media providers. These offers are deactivated by default. As soon as you activate them (for example by clicking a button), these providers can determine that you are using our website. If you have an account with that social media provider, it can assign this information to you and thereby track your use of online offers. These social media providers process this data as separate controllers. 

We currently use offers from the following service providers and advertising partners (where they use data from you, or cookies set on your computer for advertising purposes):

  • Google Analytics: Google Ireland Ltd. (located in Ireland) is the provider of the service «Google Analytics» and acts as our processor. Google Ireland relies on Google LLC (located in the United States) as its sub-processor (both « Google »). Google collects information about the behavior of visitors to our website (duration, page views, geographic region of access, etc.) through performance cookies (see above) and on this basis creates reports for us about the use of our website. We have configured the service so that the IP addresses of visitors are truncated by Google in Europe before forwarding them to the United States and then cannot be traced back. We have turned off the « Data sharing » option and the « Signals option ». Although we can assume that the information we share with Google is not personal data for Google, it may be possible that Google may be able to draw conclusions about the identity of visitors based on the data collected, create personal profiles and link this data with the Google accounts of these individuals for its own purposes. In any event, if you consent to the use of Google Analytics, you expressly consent to any such processing, including the transfer of your personal data (in particular website and app usage, device information and unique IDs) to the United States and other countries. You can learn more about Google Analytics here: https://policies.google.com/technologies/partner-sites, and you can learn how to prevent the use of Google Analytics relating to your use of our Service here: https://tools.google.com/dlpage/gaoptout?hl=en.
  • Salesforce Marketing Cloud Account Engagement (Pardot): We use the online service Salesforce MCAE (Pardot) to send our marketing communications. Contact information, such as your name, job title, company name, address, phone number, email address, username and password, other information you have voluntarily chosen to share in the “Contact Us” form are collected. Moreover, information about your device and your usage of our websites or emails (such as IP addresses or other identifiers), which may qualify as personal data using cookies, web beacons, or similar technologies are collected when interacting with the website. This data allows us to improve the quality and relevance of our marketing communications. For more information about privacy at Salesforce, please visit the following link: https://www.salesforce.com/company/legal/privacy/.
  • Workable: We use the online service Workable to manage our hiring and application process. In order to receive applications, personal data and any information needed for the job application are routed through Workable. For more information about the privacy at Workable, please visit the following link: https://www.workable.com/privacy.
  • Do Not Track: Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

 

13. WHAT DATA DO WE PROCESS ON OUR SOCIAL NETWORK PAGES?

We may operate pages and other online presences (« channels », « profiles », etc.) on social networks and other platforms operated by third parties and collect the data about you described in Section 3 and below. We receive this data from you and from the platforms when you interact with us through our online presence. At the same time, the platforms analyze your use of our online presences and combine this data with other data they have about you (for example about your behavior and preferences). They also process this data for their own purposes, in particular for marketing and market research purposes (for example to personalize advertising) and to manage their platforms (for example what content they show you) and, to that end, they act as separate controllers. 

We process this data for the purposes set out in Section 4, in particular for communication, for marketing purposes (including advertising on these platforms, see Section 12) and for market research. You will find information about the applicable legal basis in Section 5. We may disseminate content published by you (for example comments on an announcement), for example as part of our advertising on the platform or elsewhere. We or the operators of the platforms may also delete or restrict content from or about you in accordance with their terms of use (for example inappropriate comments).

For further information on the processing of the platform operators, please refer to the privacy information of the relevant platforms. There you can also find out about the countries where they process your data, your rights of access and erasure of data and other data subjects’ rights and how you can exercise them or obtain further information. We currently use the following platforms: Twitter and LinkedIn.

 

14. WHAT ABOUT DATA FOR JOB APPLICATIONS?

If you apply to us via our web form, we collect personal data. This includes your contact data (such as first name, last name, name affixes, private address, (mobile) phone number, e-mail address) as well as other data provided by you regarding your background (e.g., curriculum vitae, qualifications and degrees, work experience) and your person (e.g., cover letter, personal interests). This may also include special categories of personal data (e.g. information on a severe disability). As a rule, your personal data is collected directly from you as part of the application process and is encrypted during electronic transmission. The data originates from the application form to be completed online and from the uploaded files.

The data processing serves to initiate an employee relationship. If the processing of your data is based on consent, you have the right to revoke your consent at any time with effect for the future.

Within our company, only those persons and departments have access to your personal data that absolutely need it to carry out the application process or to fulfill our legal obligations. If necessary, your applications will be forwarded to the relevant responsible persons for examination. Under no circumstances will your personal data be passed on to third parties without authorization.

Your data relating to an application for a specific job posting will be stored and processed by us during the ongoing application process. After completion of the application process (e.g. in the form of an acceptance or rejection), the application process including all personal data will be deleted from the system 6 months after completion of the application process. In the event of an acceptance, we reserve the right to retain your application for longer, provided that the entry date is more than 6 months in the future.

 

15. SUBJECT TO CHANGE

We reserve the right to adapt or update this Privacy Notice at any time. The version published on this website is the one that applies to your visit.

 

Last Updated: August 2024