Imprint & Data Protection

PRIVACY POLICY & IMPRINT

THE RESPONSIBLE PERSON IN THE SENSE OF THE DATA PROTECTION BASIC REGULATION AND OTHER NATIONAL DATA PROTECTION LAWS OF THE MEMBER STATES AS WELL AS OTHER DATA PROTECTION REGULATIONS IS THE:

Porta Medika GmbH
Mrs Natascha Frei’s attorney
Jöchlerweg 2
6340 Baar
Phone: +41 79 239 34 29

E-mail: contact@portamedika.net

GENERAL INFORMATION ON DATA PROCESSING
SCOPE OF THE PROCESSING OF PERSONAL DATA
As a matter of principle, we collect and use personal data of our users only to the extent necessary to provide a functional website as well as our contents and services and to implement our corporate purpose. The collection and use of personal data of our users regularly only takes place with the user’s consent. An exception is made in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by legal regulations.
PURPOSES AND LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
We process personal data only to fulfil our contractual obligations or to protect our overriding legitimate interests. Our legitimate interests are based on the implementation of our corporate purpose.
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Basic Regulation (DSGVO) serves as the legal basis for the processing of personal data.
When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations required to implement pre-contractual measures.
Insofar as processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.
If vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 (1) (f) FADP serves as the legal basis for the processing.
CATEGORIES OF RECIPIENTS AND PERSONAL DATA, ORIGIN OF THE SAME
We pass on personal data to our business partners and service providers in order to implement our corporate purpose. To implement our corporate purpose, we typically use contact and address data of our customers and business partners. We typically receive the personal data directly from the person concerned or, with the consent of the person concerned, also in exceptional cases from third parties.
TRANSMISSION TO THIRD COUNTRIES
In principle, we do not pass on personal data to recipients in third countries (i.e. countries outside the EU). If a transfer to recipients in third countries takes place in the future, we will ensure that, in addition to the permission required for the transfer, the recipient in the third country ensures an adequate level of data protection (or an exception under Art. 49 para. 1 DSGVO).
DATA DELETION AND STORAGE PERIOD
The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU ordinances, laws or other regulations to which the person responsible is subject. Data will also be blocked or deleted when a storage period prescribed by the above-mentioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

PROVISION OF THE WEBSITE AND CREATION OF LOG FILES
DESCRIPTION AND SCOPE OF DATA PROCESSING
Whenever our website is called up, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:
(1) Information about the browser type and the version used
(2) The operating system and user interface of the user
(3) The Internet service provider of the user
(4) Access status/http status code
(5) Date and time of access
(6) Time zone difference from Greenwich Mean Time
(7) Content of the request (specific website)
(8) Amount of data transmitted in each case
(9) Websites from which the user’s system reaches our website
(10) Websites that are called up by the user’s system via our website
The log files contain IP addresses or other data that allow an assignment to a user. This could be the case, for example, if the link to the website from which the user accesses the website or the link to the website to which the user switches contains personal data.
The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.
LEGAL BASIS FOR DATA PROCESSING
If IP addresses are stored in log files:
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.
PURPOSE OF DATA PROCESSING
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, the data serves us to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f DSGVO.
DURATION OF STORAGE
The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.
If IP addresses are stored in log files
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.
POSSIBILITY OF OBJECTION AND REMOVAL
The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.

USE OF COOKIES
DESCRIPTION AND SCOPE OF DATA PROCESSING
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user calls up a website, a cookie may be stored on the user’s operating system/hard disk. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be able to be identified even after a page change.
The following data is stored and transmitted in the cookies:
(1) Log-in information
If, in addition, a use of technically not necessary cookies takes place:
We also use cookies on our website, which enable an analysis of the surfing behaviour of the users.
In this way the following data can be transmitted:
(1) Entered search terms
(2) Frequency of page views
(3) Use of website functions
The user data collected in this way is pseudonymised by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.
When calling our website, users are informed by an info banner about the use of cookies for analysis purposes and are referred to this privacy policy. In this context, a reference is also made to how the storage of cookies can be prevented in the browser settings.
When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to this data protection declaration.
LEGAL BASIS FOR DATA PROCESSING
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO.
The legal basis for the processing of personal data using technically necessary means is Art.
niger cookies is Art. 6 Para. 1 lit. f DSGVO.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his consent to this.
PURPOSE OF THE DATA PROCESSING
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO.
The legal basis for the processing of personal data using technically necessary means is Art.
niger cookies is Art. 6 Para. 1 lit. f DSGVO.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his consent to this.
PURPOSE OF DATA PROCESSING
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized even after a page change.
We require cookies for the following applications:
Remembering search terms
The user data collected through technically necessary cookies is not used to create user profiles.
The analysis cookies are used for the purpose of improving the quality of our website and its contents. The analysis cookies enable us to find out how the website is used and thus to constantly optimise our offer.
These purposes also include our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSGVO.
DURATION OF STORAGE, POSSIBILITY OF OBJECTION AND REMOVAL
Cookies are stored on the user’s computer and transmitted by the user to our site. Therefore you as a user have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it may not be possible to use all the functions of the website to their full extent.
For so-called persistent cookies:
Our website also uses persistent cookies. These are automatically deleted after a specified period of time, which can vary depending on the cookie. You can also delete these cookies at any time.

REGISTRATION
DESCRIPTION AND SCOPE OF DATA PROCESSING
On our website we offer users the possibility to register by providing personal data. The data is entered into an input mask, transmitted to us and stored. The data will not be passed on to third parties. The following data is collected during the registration process:
Name
First name
email address
Phone number
Prices
General text
At the time of registration, the following data is also stored:
(1) The IP address of the user
(2) Date and time of registration
During the registration process, the user’s consent to the processing of this data is obtained.
LEGAL BASIS FOR DATA PROCESSING
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
PURPOSE OF DATA PROCESSING
The registration does not serve to conclude a contract with the user.
A registration of the user is necessary for the provision of certain contents and services on our website.
A more detailed description of the contents and services follows. Why is identification of the user necessary in individual cases?
The registration serves to conclude a contract with the user
A registration of the user is required for the fulfilment of a contract with the user or for the implementation of pre-contractual measures.
DURATION OF STORAGE
The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected.
Registration does not serve to conclude a contract with the user.
This is the case for the data collected during the registration process if the registration on our website is cancelled or modified.
POSSIBILITY OF OBJECTION AND REMOVAL
As a user you have the possibility to cancel the registration at any time. You can have the data stored about you changed at any time.
Registration serves to conclude a contract with the user.
If the data is required to fulfil a contract or to carry out pre-contractual measures, the data can only be deleted prematurely if there are no contractual or legal obligations that prevent deletion.

CONTACT FORM AND E-MAIL CONTACT
DESCRIPTION AND SCOPE OF DATA PROCESSING
On our website there is a contact form which can be used for electronic contact. If a user takes this opportunity, the data entered in the input mask will be transmitted to us and stored. These data are:
At the time the message is sent, the following data is also stored:
(1) The IP address of the user
(2) Date and time of registration
For the processing of the data, your consent will be obtained during the sending process and reference will be made to this privacy policy.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
In this context, it does not pursue the transfer of data to third parties. The data will be used exclusively for processing the conversation.
LEGAL BASIS FOR DATA PROCESSING
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 letter f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO.
PURPOSE OF DATA PROCESSING
The processing of the personal data from the input mask serves us only for the processing of the establishment of contact. In the case of contacting us by e-mail, this is also the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
DURATION OF STORAGE
The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation ends when it can be concluded from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
POSSIBILITY OF OBJECTION AND REMOVAL
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued.
All personal data stored in the course of the contact will be deleted in this case.

RIGHTS OF THE PERSON CONCERNED
If personal data are processed by you, you are the data subject within the meaning of the DSGVO and you are entitled to the following rights in relation to the person responsible:
LAW OF INFORMATION
You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.
If such processing has taken place, you can request information from the data controller about the following:
(1) the purposes for which the personal data are processed

(2) the categories of personal data which are processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) the envisaged duration of the storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;

(5) the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited 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 as to the source of the data, if the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling in accordance with Art. 22 (1) and (4) DPA and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
You have the right to request information as to whether the personal data concerning you are being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 DPA in connection with the transfer.
RIGHT OF RECTIFICATION
You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.
RIGHT TO LIMITATION OF PROCESSING
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
(1) if you dispute the accuracy of the personal data concerning you for a period which enables the controller to verify the accuracy of the personal data
(2) if the processing is unlawful and you object to the deletion of the personal data and instead demand 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 the personal data for the purpose of asserting, exercising or defending legal claims; or
(4) if you have lodged an objection to the processing pursuant to Art. 21 para. 1 DPA and it has not yet been established whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
RIGHT OF DELETION
a) Duty to delete
You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:
(1) the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
(2) you revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a FADP, and there is no other legal basis for the processing.
(3) You lodge an objection to the processing pursuant to Art. 21(1) DPA and there are no overriding legitimate reasons for the processing, or you lodge an objection to the processing pursuant to Art. 21(2) DPA.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you have been collected in relation to information society services offered in accordance with Article 8(1) of the DPA.
(b) Information to third parties
If the data controller has made public the personal data concerning you and is obliged to delete them pursuant to Art. 17 para. 1 DPA, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.
c) Exceptions
The right of cancellation does not exist insofar as the processing is necessary
(1 ) on the exercise of the right to freedom of expression and information;
(2) to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to perform 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 field of public health pursuant to Article 9 (2) lit. h and i and Article 9 (3) DSGVO;
(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
RIGHT TO INFORMATION

RIGHT TO BE INFORMED
If you have asserted the right to rectify, erase or limit the processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed of these recipients.
RIGHT TO DATA TRANSFERABILITY
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been communicated, provided that
(1) the processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and
(2) the processing is carried out by means of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data transferability shall 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 OF OBJECTION
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Article 6 paragraph 1 letter e or f FADP; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you, unless he can demonstrate compelling reasons for processing which are justified on grounds of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.
You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by using automated procedures involving technical specifications.
RIGHT TO WITHDRAW YOUR CONSENT TO DATA PROTECTION
You have the right to revoke your data protection declaration of consent at any time. Revocation of consent does not affect the lawfulness of the processing that took place on the basis of the consent until revocation.
AUTOMATED DECISION IN INDIVIDUAL CASES INCLUDING PROFILIN
You have the right not to be subjected to a decision based solely on automated processing – including profiling – which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible
(2) is authorised by Union law or the law of the Member States to which the person responsible is subject and that law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data in accordance with Art. 9 para. 1 DPA, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the responsible person shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the responsible person, to present his or her point of view and to challenge the decision.
RIGHT TO APPEAL TO A SUPERVISORY AUTHORITY
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of suspected infringement, if you consider that the processing of personal data concerning you is in breach of the DPA.
The supervisory authority to which the complaint has been submitted will inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.