PLEASE READ THIS PRIVACY STATEMENT CAREFULLY
This Privacy Statement tells you how we use information that we collect about you through this Distalmotion website operated by Distalmotion SA, Route de la Corniche 3B, 1066 Epalinges, Switzerland. This Privacy Statement does not apply to situations where we have notified you that an alternative privacy statement applies.
We intend to deal with your information in a manner that is fair and in line with your expectations and encourage you to read and consider the information provided in this Privacy Statement to confirm that is the case.
Basically, you are not obliged to provide us with your personal data, but then some functionalities of this website may be limited.
Data Controller according to the applicable data protection legislation:
Route de la Corniche 3B
1066 Epalinges, Switzerland
Contact details of the data protection officer:
DP Dock DPO Services GmbH
Att.: Distalmotion SA
24159 Kiel, Germany
WHAT INFORMATION DO WE COLLECT ABOUT YOU?
The information we receive, and how we use it, depends on what you do when visiting our website. We collect and use non-personal information (information that does not identify you personally) differently to your personal information.
YOUR PERSONAL INFORMATION
Personal information is information that can specifically identify you, such as your:
- first and last name
- address, telephone number, e-mail address or other contact information
- social media username or profile
- interests and qualifications
- IP (Internet Protocol) address when such address is associated with a specific user
- the type of web browser software you use (for example, Internet Explorer)
- the name of the domain from which you access the Internet
- the Internet address of the website from which you linked directly to our website
- the date and time you access our website
- which pages you have visited on our website
- the search terms you use
- the links on which you click
We collect the listed data to ensure a smooth connection setup of the website and to enable a comfortable use of our website by the users. In addition, the log file serves the evaluation of system security and stability as well as administrative purposes. The legal basis for the temporary storage of the data or the log files is Art. 6 (1) f GDPR.
For reasons of technical security, in particular to defend against attempted attacks on our web server, we store this data for a short time. On the basis of this data, it is not possible for us to draw conclusions about individual persons. This data is never stored together with other personal data of the user, compared with other data or passed on to third parties.
HOW DOES DISTALMOTION USE PERSONAL INFORMATION?
We may use the information that you have shared with us through this website (other than sensitive information, which is discussed separately below) for the following purposes:
- to respond to your requests
- to provide the services or information you request
- to manage our relationship with you and facilitate any necessary follow up (e.g. by storing relevant information and preferences for a reasonable amount of time)
- to enter into, or perform a contract with you (e.g. in case you wish to order products or services from us)
- to enable you to participate in our online communities, including social media and blogs
- to contact you with information that might be of interest to you – see further the Marketing and Education section below
- in other ways to which you consent
We are always looking for ways to better serve you and improve our products, services and website experience. We will use information from you to make this website more useful to visitors. We may also use your information for other business purposes. For example, we may also use aggregate information or aggregate information to:
- create reports for internal use to develop programs, products, services or content
- adapt or improve the information or services provided
- share or sell information to third parties
- provide information on how our site is used, such as "traffic statistics" and "response rates" to third parties
Distalmotion has legal grounds to use your personal information:
Distalmotion may use your personal information to the extent necessary to achieve the following legitimate interests, so long as compatible with your rights and expectations of privacy (Art. 6 (1) f GDPR):
- for analytical purposes in order to research, develop and improve programs, products, services and content
- to anonymize your information by removing any personal identifiers (your name, e-mail address, etc.) so that it may be used for other purposes. In this case, the anonymized information would no longer identify you and may be treated like other non-personal information. For more details please see the relevant section below.
- to enforce this Privacy Statement and other rules about your use of this website
- to protect our rights or property
Distalmotion also has legal grounds to use your personal information:
- as necessary to protect someone’s health, safety or welfare; and
- in order to comply with a law or regulation, court order or other legal process
- in order to comply with a legal obligation (art. 6 (c) GDPR);
- where required by law, we will ask you to "opt-in" or affirmatively consent to the processing of your personal data for a particular purpose (art. 6 (a) GDPR). For example, where the law so requires, we will only send you newsletters if you have subscribed to them.
The Internet pages of Distalmotion use session cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Cookies are small text files that are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your terminal device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.
Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g., the shopping cart function or language settings). Other cookies are used to evaluate user behavior or to display advertising.
We process your data only by using absolutely necessary cookies is based on a legitimate interest in accordance with Art. 6 (1) (f) GDPR in the technically error-free provision of our services. For details on the processing purposes and legitimate interests, please refer to the explanations on the specific data processing.
The processing of personal data using other cookies is based on consent in accordance with Art. 6 (1) (a) GDPR. The consent can be revoked at any time for the future. Insofar as such cookies are used for analysis and optimization purposes, we will inform you separately about this within the framework of this data protection declaration and obtain consent in accordance with Art. 6 (1) (a) GDPR.
Most browsers also offer a so-called "do-not-track" function. When this function is activated, the respective browser tells advertising networks, websites and applications that you do not want to be "tracked" for the purpose of behavioral advertising and the like.
Our website uses Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Analytics uses so-called cookies.
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 data from Google.
We only use Google Analytics with IP anonymization activated. This means that the IP address of the user is shortened.
The processing of Google Analytics is carried out in accordance with Art. 6 (1) a GDPR on the basis of consent given by you. We have concluded an order processing agreement with the service provider in which we oblige it to protect our customers' data and not to pass it on to third parties.
Since a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 (2) c GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even by this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA.
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Deletion of user-level and event-level data linked to cookies, user IDs (e.g., user ID) and advertising IDs will take place no later than 14 months after their collection.
We use the online service MailChimp to send our newsletters. In order to receive the newsletter, a valid e-mail address is required, which will be sent to Mailchimp together with your salutation, first name and surname as well as your IP address. In addition, newsletters are used to record, whether a newsletter has been opened and which links have been clicked in it. These data allow us to check the quality and improvements of our newsletter.
For more information about privacy at MailChimp, please visit the following link: http://mailchimp.com/legal/privacy/
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 below link.
CONTACT FORM AND CONTACT VIA EMAIL
If you send us inquiries via contact form or e-mail, your data from the inquiry form or your e-mail, including the contact data you provide there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. The specification of an e-mail address is required to contact us, the specification of your name and telephone number is voluntary. Under no circumstances will we pass on this data without your consent. The legal basis for the processing of the data is our legitimate interest in responding to your request pursuant to Art. 6 (1) f GDPR and, if applicable, Art. 6 (1) b GDPR, if your request is aimed at concluding a contract. Your data will be deleted after final processing of your request, provided that there are no legal obligations to retain data. You can object to the processing of your personal data at any time in the case of Art. 6 (1) f GDPR.
WEB FORM FOR JOB APPLICATIONS
If you apply to us via our web form, we collect personal data. In particular, 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. The legal basis for this is consent pursuant to Art. 6 (1) a in conjunction with Art. 7 GDPR. 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 six 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 six months in the future.
SOCIAL MEDIA LINKS
Social networks (LinkedIn, Twitter) are only integrated on our website as a link to the corresponding services. After clicking on the embedded text/image link, you will be redirected to the page of the respective provider. Only after the redirection, user information is transferred to the respective provider. For information on the handling of your personal data when using these websites, please refer to the respective data protection provisions of the providers you use.
DIRECT MARKETING AND EDUCATIONAL MATERIALS
Distalmotion may wish to provide you with educational materials or other information about our products and services, as well as information about clinical trials or the products and services of others that might be of interest to you, based on the information you have shared with us and that we have collected through cookies or similar techniques regarding your use of Distalmotion websites, social media and blogs.
We will ask you to "opt-in" or affirmatively consent to the use of your personal information for the purposes of such communications, in accordance with applicable laws.
If at any time you decide not to receive any educational, commercial or promotional information related to our products and services or regarding the products service providers, please email us at the contact details listed below and mention "OPT-OUT" in the subject of your email. Alternatively, you may use the opt-out procedure provided in any relevant message you receive from us.
Please note that if you opt not to receive promotional messages from us, we may still continue to send you relevant information for other lawful purposes, such as to administer any account you may have with us, to respond to your requests, to execute agreements with you, or to provide you with information that Distalmotion is required by law to provide, e.g. regarding product recalls.
DOES DISTALMOTION EVER SHARE PERSONAL INFORMATION WITH THIRD PARTIES?
Distalmotion will not share your personal information collected from this website with a third-party except as described in this Privacy Statement.
In the ordinary course of business, we may share some personal information with third party companies that we hire to perform services or functions on our behalf.
For example, we may:
– use a service provider to administer certain newsletter or informational mailings that you have signed up for, and provide access to your email address for this purpose.
– use a third-party application or platform to allow us to manage and keep track of our communications with you.
In all cases we will not share more information than is necessary, and we will not authorize any third parties to keep, disclose or use your information except to provide the requested services in line with the purposes set out above.
Please note that subject to applicable laws, we may disclose your personal information if we believe we are required to do so to comply with any law, regulation, court order, legal or government request. In the unlikely event that all or part of our business is acquired by a third party, your information may be transferred to the new corporate owner insofar as relevant to the business in question and subject to appropriate safeguards being in place.
In addition, we may use and disclose your personal information to third parties if necessary to:
- enforce this Privacy Statement and the other rules about your use of this website
- protect our rights or property
- protect someone’s health, safety or welfare
- comply with a law or regulation, court order or other legal process
- investigate or take action in cases of suspected fraud or illegal activities
In addition, please keep in mind that certain areas of our website may be interactive in nature, and allow you to post information that other users can see. If you do not wish to have information viewed publicly, please do not use those sections of the website.
DO WE TRANSFER PERSONAL INFORMATION TO OTHER COUNTRIES?
In certain cases Distalmotion may transmit personal information collected on this website to third party service providers in other countries, but only in furtherance of the purposes set out in this Privacy Statement. In cases where personal information is transmitted from Europe to other countries we will ensure that safeguards equivalent to those provided by applicable data protection laws are in place.
HOW LONG WILL WE KEEP YOUR PERSONAL INFORMATION FOR?
We will only keep your personal information for so long as necessary to fulfill the purposes for which we are allowed to use them, as set out in this Privacy Statement. For example, if you tell us that you no longer wish to receive a newsletter from us, we will immediately delete your email address from our mailing list. In case you participate in a program via our website we will delete the personal information provided as part of that program within a reasonable time after its completion (e.g. six months after completion will normally be considered reasonable unless we have lawful grounds to retain some of the information for longer (e.g. if necessary for validation or to comply with recordkeeping obligations)).
WHAT ABOUT PRIVACY ON OTHER WEBSITES?
This website may contain links to other websites. This Privacy Statement does not apply to other websites. Therefore, whenever you leave this website we recommend that you review the privacy practices that apply to information you provide on other websites. We provide the links for your convenience, but we do not review, control, or monitor the privacy practices of websites operated by others. Neither are we are responsible for websites operated by third parties or your business dealings with them.
ARE THERE SPECIAL RULES ABOUT CHILDREN’S PRIVACY?
We care about protecting the online privacy of children. We will not intentionally collect any personal information (such as a child’s name or e-mail address) from children under the age of 16 without the consent of someone holding parental responsibility. If you think that we have otherwise collected personal information from someone under the age of 16, please contact us.
WHAT ABOUT WEBSITE SECURITY?
Security is very important to us. We also understand that security is important to you. We use industry standard measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However no website or email transmission is 100% secure and we encourage you to therefore take special care in deciding what information you send or request via email, and take appropriate precautions such as keeping any usernames and passwords you use confidential.
At any time, you may exercise your right to access, rectify and, as the case may be, erase, any personal information relating to you, or restrict the processing of your personal information, in compliance with applicable laws.
You also have the right at any time to object, based on your particular situation, to any use or processing of your personal information which we have based on our legitimate interests.
In case we are processing your personal information in an automated manner as part of a service to you or based on your consent then you also have the right to request a copy of your information in a structured, commonly used and machine-readable format (known as the right to "data portability").
Such requests can be sent to email@example.com or in writing to Distalmotion SA, Route de la Corniche 3B, 1066 Epalinges, Switzerland. Please note that we may ask you to provide proof of identity (such as a copy of your ID card or passport) before we can comply with your request.
If we have based our collection or use of your personal information on your consent then you also have the right to withdraw your consent at any time in the same way as it was given, or by sending a request in the above manner.
You may also at any time, free of charge and without having to provide any justification, opt-out of any direct marketing campaigns and request to no longer receive any promotional material as described above.
In case you are not satisfied with our handling of your request you may contact the competent Data Protection Authority.
Individuals and the data protection supervisory authorities in the EU/EEA and individuals and the data protection supervisory authority ("ICO") in the UK may also contact our data protection representatives according to Article 27 GDPR:
EU: DP-Dock GmbH, Attn.: Distalmotion, Ballindamm 39, 20095 Hamburg, Germany
UK: DP Data Protection Services UK Ltd., Attn.: Distalmotion, 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom
SUBJECT TO CHANGE
We reserve the right to adapt or update this data protection declaration if necessary in compliance with the applicable data protection regulations. In this way, we can adapt it to the current legal requirements and take into account changes to our services, e.g. when introducing new services. The current version applies to your visit.
Status of this data protection statement: July 2023
Who is responsible for processing your personal data?
Route de la Corniche 3B
If you have any questions regarding data protection, please feel free to contact the following address:
What data do we process?
We process your personal data if it relates to your suitability for the employment contract or with your separate consent and insofar as the processing is permitted by law and in accordance with our internal guidelines. Information on the purposes of this data processing can be found in Section 4. You are not obliged to disclose any data to us.
We process the following personal data from you as far as they are or become known to us, in each case with the current and also the previous information, if information changes over time:
- Master data and contact information: In connection with your application, we receive certain basic data that we need for the review, establishment and execution of an employment contract, including communication with you. This includes, for example, first and last name, home address, phone number, email address, date of birth and age, place of origin and nationality(ies), gender, language skills, marital status, family status and number of children, work and residence permit, photo(s) and video(s), passport and identity card details, military status, information on any trade union affiliation and political offices, details of hobbies and interests, your religious affiliation and details of previous convictions and debt collection;
- Data in connection with your current position and the organizational framework conditions for a possible employment: In the course of your application, we receive or generate and process – in addition to the personal data and contact information (see above) – various other information about you, your current employment and the organizational framework conditions, e.g. information on the notice period of the current employment contract, data in connection with your job and your employment contract, professional achievements, work content and job satisfaction, desired salary, your motivation, information on a disability, if applicable (only if relevant for the advertised position), information on special health, religious and other needs in connection with your employment, and, if required, union information;
- Applications, professional career, education and training: As part of an application, we receive information about your work history, qualifications, education and other data, such as curriculum vitae, information about certificates, diplomas, job references or confirmations of employment and other information about skills, competencies and qualifications, language skills, information about previous jobs and employers, reference persons and their contact details, information from references, information from official registers, information from interviews, assessments and aptitude tests, information about external mandates, offices and functions and information from publicly accessible profiles in social media (in particular LinkedIn profile; insofar as these are intended for business or professional use) and other information from the application and from the internet and other public sources;
- Data in connection with consent: Insofar as further personal data is processed with your separate consent, we process the relevant data including the date, subject matter and, if applicable, your withdrawal of consent;
- Further data: It is possible that we process further personal data which we cannot list here conclusively. We inform you separately about the processing of such data if this is possible or we are obliged to do so.
If you are already employed by Distalmotion, we may also use information we already have based on your previous employment. We process much of the above-mentioned data only if you voluntarily disclose it. However, certain data must be processed for us to consider an application. If you provide us with sensitive personal data as part of the application (e.g. health data), we may also process such personal data.
We process the data mentioned in Section 3 for various purposes related to your job application, in particular for the following purposes:
- Assessing application documents and the suitability of a job applicant, e.g. evaluating the suitability for a specific position with us for which you apply via our online portal or by other means or for which we inquire about you, assessing the suitability for other jobs or positions at Distalmotion, including checking or re-checking documents and other information (for the retention period of your data, see Section 8), verifying references, conducting background or security checks (if required);
- Preparation and conclusion of employment contracts, e.g. drafting, negotiating and con-cluding the employment contract;
- Analysis of the application process, e.g. checking your satisfaction with the application process, provided you have given us your consent to do so;
- Ensuring business operations and other security purposes, e.g. building security including access controls. Also, documentation of security incidents, data breaches, complaints, interactions with authorities and third parties and other relevant events and corresponding measures that relate to you or contain information about you;
- Investigations and legal proceedings, e.g. the prevention, investigation and prosecution of possible misconduct against the law by job applicants, including reviewing complaints, tips and objections, evaluation of surveillance measures and the conduct of investigations, participation in official investigations and proceedings, and the assertion, exercise or defence of legal claims.
To whom do we disclose your personal data?
In principle, only persons involved in your job application have access to your personal data, in particular personnel specialists from Distalmotionand potential supervisors. These persons are subject to a duty of confidentiality and are sensitized to data protection and data security.
We may disclose personal data to other recipients to the extent necessary for the stated purposes (Section 4) and to the extent permitted by law. In particular, we disclose personal data to recipients of the following categories:
- Former employers and other third parties, e.g. when we review an application and provide information about you in the process (to the extent permitted). We also work with clients, affiliates and other third parties (e.g. advertising service providers, debt-collection agencies, credit reporting agencies, etc.);
- Other service providers: We work with other service providers domestically and abroad (e.g. IT service providers, maintenance and support service providers, cleaning companies, security companies, etc.). As part of their tasks, these service providers may process or access your personal data. We ensure through the selection of service providers and through appropriate contractual agreements that data protection is also ensured by such service providers throughout the processing of your personal data;
- Industry organizations and other bodies, e.g. associations, federations, etc. with which you are involved in connection with your current employment relationship;
- Governmental authorities and official agencies, when we deem it necessary or appropriate in order to comply with laws and regulations or to verify compliance therewith, to respond to inquiries from competent authorities (e.g. in the context of a criminal investigation) or to participate in official or judicial investigations and proceedings;
- Parties to legal proceedings, e.g. opposing parties and other parties, experts, witnesses, etc., if we participate in legal proceedings or are considering participation;
- Acquirers or parties interested in acquiring business units, companies or assets.
Do we disclose personal data abroad?
Recipients of personal data are not only located in Switzerland. This applies in particular to certain service providers. Recipients may also be located outside the European Economic Area (EEA) and Switzerland, in particular in the USA and the UK. For example, we may transfer data to authorities and other persons abroad if we are legally obliged to do so or, for example, in the context of a company sale or legal proceedings. Not all of these countries currently guarantee an adequate level of data protection according to the standards of Swiss law. We therefore take contractual precautions to contractually compensate for the lower level of legal protection, especially with the standard contractual clauses issued by the European Commission and recognized by the Swiss Data Protection and Information Commissioner (FDPIC).For more information and a copy of these clauses, please visit www.edoeb.admin.ch/edoeb/en/home/data-protection/handel-und-wirtschaft/transborder-data-flows.html.
In certain cases, we may transfer data in accordance with data protection law requirements even without such contracts, e.g. if you have consented to the corresponding disclosure or if the disclosure is necessary for the performance of the contract, for the establishment, exercise or enforcement of legal claims or for overriding public interests.
How long do we store your personal data?
We store your personal data as long as it is necessary for the implementation of the specific application process or for compliance with legal requirements and as long as we have a legitimate interest in storing it (e.g. for documentation and evidence preservation purposes and for the protection and defence of legal claims). If we can consider you for the position for which you have applied, we will also retain your personal data for the performance of the employment contract.
In the event of unsuccessful applications, Distalmotion will retain the data from your application, provided you agree to this, for a period of 24 months after your application in order to assess your suitability for a specific position or for purposes related to subsequent applications or vacancies and to be able to contact you. After that, only data in reduced form (in particular first and last name, date of birth and position for which the application was submitted) will be stored and definitely deleted after 5 years.
How do we protect your personal data?
We take appropriate technical (e.g. access regulations and restrictions) and organizational measures (in particular instructions and directives) to protect your personal data and continually adapt these to technological developments.
What rights do you have with regard to your personal data?
You have certain rights with respect to your personal data processed by us in order for you to control or influence our processing. These are in particular the following rights:
- Information: You have the right to obtain information about your personal data processed by us at any time in writing and gnerally free of charge.
- Correction: You may, at any time and free of charge, request that we correct, complete or update your personal data if it is incorrect.
- Objection and deletion: You may object to our data processing and request that we delete your personal data at any time if we are not obliged to continue processing or storing this data and if it is not necessary for the employment contract.
- Withdrawal of consent: If we process your personal data based on your consent (see Section 3), you may withdraw consent at any time. Such withdrawal of consent is only effective for future data processing.
Some of these rights may not apply in individual cases, and we may be entitled or obligated to restrict or postpone the fulfilment of a right. We will inform you accordingly in such a case.
You also have the right to lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC) at any time if you do not agree with our processing of your personal data (www.edoeb.admin.ch).