Date of Release: 24 May 2018
1.1. The HMSE group of companies operates websites in various countries. Joint-controller of all websites are (i) Hitachi Medical Systems Europe Holding AG, Sumpfstrasse 13, CH - 6312 Steinhausen, Switzerland, e-mail email@example.com and (ii) the respective country company indicated below. Where no joint controller is indicated, Hitachi Medical Systems Europe Holding AG is controller:
|hitachi-medical-systems.de||Hitachi Medical Systems GmbH|
DE - 65205 Wiesbaden
|hitachi-medical-systems.at||Hitachi Medical Systems GesmbH|
Strasse 2a, Objekt M 39/2
AT - 2351 Wiener Neudorf
|hitachi-medical-systems.fr||Hitachi Medical Systems S.A.S.|
39, avenue Urbain Le Verrier
FR - 69800 St-Priest
|hitachi-medical-systems.co.uk||Hitachi Medical Systems Ltd|
1 Davy Close
Park Farm Industrial Estate
UK - Northamptonshire NN8 6XX
|hitachi-medical-systems.es||Hitachi Medical Systems SL|
Manoteras, 22 - 2a
Locales 70 y 87, off. 87
ES - 28050 Madrid
|hitachi-medical-systems.nl||Hitachi Medical Systems B.V. |
NL - 2811 EM Reeuwijk
|hitachi-medical-systems.be||Hitachi Medical Systems N.V.|
Mechelen Noord II
BE - 2800 Mechelen
|hitachi-medical-systems.hu||Hitachi Medical Systems Kft |
Ligetvàros Business Center I, emelet 102
Damjanich u. 11 - 15
HU - 1071 Budapest
|hitachi-medical-systems.it||Hitachi Medical Systems S.p.A|
via Tommaso Gulli 39
1.2. This Privacy Declaration applies also to eventual HMSE brand pages on third party platforms (e.g. Facebook) and eventual HMSE mobile applications (the above mentioned websites, HMSE mobile applications and eventual HMSE brand pages on third party platforms hereafter individually and collectively referred to as “Websites”).
1.3. Your legal relationship is with the HMSE entity which is controller respectively joint-controller of the Website you are visiting and/or through which you contact us, unless specifically stated otherwise elsewhere.
1.4. The HMSE companies above and any of their affiliates are individually and collectively referred to as “HMSE”. In case of doubt, the term “HMSE” or “we” or “us” refers to the controller or joint-controller of the Website you are visiting.
|Counselor data protection of the HMSE Group||Hitachi Medical Systems Europe Holding AG, Attn.: Counselor on Data Protection, Sumpfstrasse 13, CH - 6312 Steinhausen, Switzerland|
|Data protection officer for Germany||HEC Harald Eul Consulting GmbH, Auf der Höhe 34, DE - 50321 Brühl, Germany|
|Supervisory authority Switzerland||Federal Data Protection and Information, Commissioner, Feldeggweg 1, CH - 3003 Bern, Switzerland|
|Lead Supervisory authority for the EU||Der Hessische Datenschutzbeauftragte|
Postfach 3163, DE - 65021 Wiesbaden, Germany
e-mail: via contact form on website
4.1. We undertake that the data we receive and/or collect from you is processed in accordance with applicable law and only for the purposes stated in this Privacy Declaration or elsewhere explicitly notified to you (e.g. in mobile app terms).
4.2. Provision of personal data is voluntary; however, without providing us certain data you cannot receive certain services from us or purchase products from us.
4.3. We do not entrust, sell, rent, license, transfer etc. our database containing your personal data, except as set out in this Privacy Declaration.
We will not collect and use your personal data without your consent, except where we may lawfully collect and use your information on one of the following bases:
6.1. We may collect and process the following general data about you:
6.2. Other data (special categories of personal data): We may additionally collect, use and process other data as further set in this Privacy Declaration or as named below:
7.1. Subject to the conditions of lawful processing set out in this Privacy Declaration, we may use your personal data outlined above for the following purposes.
a) Based on processing for contract performance or prior to it:
b) Based on the legitimate interests pursued by the controller or by a third party:
c) Based on your consent:
Your personal data may also be processed for certain purposes with your consent. As a rule, you can revoke this at any time. We especially process your data based on your consent in the following contexts:
In principle, the revocation of consent is only effective for the future. Processing that took place before the revocation is not affected and remains lawful.
d) For the fulfilment of a legal duty such as:
Insofar as this is required for the distribution and sale of our products and the provision of our services or the conduct of our business, we process personal data received from other companies or other third parties (e.g. credit agencies, address publishers) as permitted. In addition, we process personal data which we have legitimately taken, received or acquired from publicly accessible sources (such as telephone directories, trade and association registers, registration registers, debtor registers, land registers, press, Internet and other media).
9.1. When visiting our Website certain information is temporarily stored in a log-file on the server. Such information is automatically provided by the browser of your end use device when accessing our Website. It may in particular include but is not limited to:
9.2. We may use such information for the following purposes:
11.1. When you provide us personal data and/or contact information (through our Website), you agree (subject to your right to refuse or revoke your consent according to the next section) that we may send you newsletters, messages and other alerts by mail, e-mail, short messages (SMS), push notifications or phone. Such communications are sent, amongst others, with or without human interference for purpose of direct marketing or advertising similar products or services offered by HMSE.
11.2. We reserve the right (i) to choose whom to send newsletters, messages and/or alerts to and (ii) to remove in our databases of customers or prospective customers anyone as addressee of newsletters, messages and/or alerts, even if such person has given consent to receive such communications; both (i) and (ii) without any further commitment on behalf of HMSE or of further notice.
We may process some of your data with the aim of evaluating certain personal aspects (profiling). In order to be able to provide you with targeted information and advice on products, we may use evaluation instruments. These enable demand-oriented product design, communication and advertising, including market and opinion research. Such procedures can also be used to assess your solvency and creditworthiness and to combat money laundering and fraud.
13.1. The data that we collect from you may be processed in, transferred to, and/or stored at a location inside the European Economic Area ("EEA"), European Union (“EU”) or Switzerland.
13.2. The data that we collect from you may also be processed in, transferred to and stored at a location outside the EEA, EU and Switzerland, subject to us having taken all steps required by the applicable laws relating to the transfer of personal data abroad. In any case we ensure that adequate safeguards are in place as required by applicable laws before we transfer, store or locate your data abroad.
14.1. The data that we collect from you may be processed by staff who work for us, our affiliates from the HMSE group or one of our or our affiliates’ third party service providers. Such staff may be engaged in, among other things, the operation of the Website, the sales of products, the fulfilment of your order, the processing of your payment details or the provision of support services.
14.2. We may disclose and/or transfer your personal data to any of our affiliates, which means any member of the HMSE group of companies as well our direct, indirect and ultimate holding company and their subsidiaries, in the event we reorganise the way in which we provide services to you and such data transfer or disclosure is required to provide or continue to provide services to you.
14.3. We may disclose your data to third party service providers (i) to implement our obligations which we have to you, including but not limited to delivery of ordered products by a courier, sending postal mail, e-mail, SMS or push notifications, or (ii) which provide services to us or our affiliates, such as data analysis, marketing assistance, advertising services, translation, payment processing, logistic or customer support services, consulting, audit or legal services, or generally in relation with the purposes as described in the section “purpose of processing your data”. Such disclosure is permitted provided that such third parties need access to the data to perform their services but may not use them for other purposes, in particular not for their own internal business purposes and they have adequate data security measures in place.
14.4. If you provide any payment data directly to us (including bank account in case of a product return), we will disclose it to third party payment service providers to the extent required to provide refund or payment to you.
14.5. Your bank, credit card or debit card issuer and a third party payment service provider may have access or view any data or documents related to your order or purchase contract.
14.6. We may further disclose your data to third parties and subject to the provisions of applicable law:
15.1. The rights of the persons concerned are governed by the applicable national and international law. Depending on the applicable law, the persons concerned may assert th following rights:
a) to request transparent information about your personal data processed by us. In particular, information pursuant to Art. 15 GDPR or Art. 8 DPA (CH) which may contain information on:
b) to demand immediate correction of incorrect or complete personal data stored by us (Art. 16 GDPR, Art. 5 para. 2 DPA (CH)).
c) to demand the deletion of your personal data stored with us, unless the processing is (Art. 17 GDPR, Art. 15 DPA (CH))
d) to demand the restriction of the processing of your personal data (i) if you dispute the accuracy of the data, (ii) if the processing is unlawful, but you oppose the erasure and you request the restriction of use instead, (iii) if we no longer need the data, but you need it to assert, exercise or defend legal claims or (iv) if you have filed an objection against the processing pursuant to Art. 21 GDPR (Art. 18 GDPR, Art. 15 DPA).
e) to receive your personal data that you have provided to us in a structured, current and machine-readable format or to request its transfer to another person responsible (Art. 20 GDPR).
f) to revoke your consent to this Privacy Declaration, and/or request deregistration and deletion from our Website (in case of RSS Feed) or by unsubscribing to our newsletter. Such revocation of consent will neither apply to existing transactions between us nor to processing activities that were not subject to your consent, e.g. in case of our prevailing legitimate interest that we have in the processing of the data.
g) to object at any time to the processing of your data where the processing is for the performance of a task carried out in the public interest (Art. 6 lit. e GDPR) or on the basis of legitimate interests pursued by the controller or a third party (Art 6 lit. f GDPR), if there are reasons for this arising from your particular situation. This also applies to profiling. If you object, we will no longer process your personal data, unless we can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims (Art. 21 GDPR).
h) to object at any time to our processing of your personal data for direct marketing purposes; you have the right to object to receiving advertising; this applies also to profiling, insofar as it is connected with such direct advertising.
15.2 Where you want to make use of any of such right, please address your request in writing (e-mail or signed and dated letter) or form-free to the Customer Service at the address indicated on our Website.
Data is stored for the following periods:
17.1. We undertake to have appropriate technical and organisational measures in place to keep your data secure and to be able to comply with the commitments provided in this Privacy Declaration and all requirements of applicable law.
17.2. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to and from our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
17.3. We are not responsible for damages incurred which are outside our reasonable control, including malfunctions that could jeopardize the security of the servers on which the database containing personal data is hosted.
17.4. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. You (only and exclusively) bear full responsibility for sharing your data with third parties. Please use a password, which is not trivial and do update it on a regular basis.
We do not assume any responsibility if you are misled by non-authorized third parties that present themselves as representatives of HMSE. Please inform us if you become aware of such behaviour by any third party.
This Privacy Declaration and all matters arising or relating to these terms shall be governed by the law of the country of the controller as outlined in section 3 above. The courts of that same country shall have exclusive jurisdiction to settle any disputes, which may arise out of or in connection with these Privacy Declaration. The competent Supervisory Authority for any Data Protection issues is outlined in section 3.