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We are very delighted that you have shown interest in our
enterprise. Data protection is of a particularly high
priority for the management of Alaxo GmbH. The use of the
website of Alaxo GmbH is possible without any indication
of personal data. However, if a data subject wants to use
special enterprise services via our website, processing of
personal data could become necessary. If the processing of
personal data is necessary and there is no statutory basis
for such processing, we generally obtain consent from the
data subject.
Processing of personal data, such as the name, address,
e-mail address, or telephone number of a data subject will
always be in line with the General Data Protection
Regulation (GDPR), and in accordance with the
country-specific data protection regulations applicable to
Alaxo GmbH. By means of this data protection declaration,
our enterprise would like to inform the general public of
the nature, scope, and purpose of the personal data we
collect, use and process. Furthermore, data subjects are
informed, by means of this data protection declaration, of
the rights to which they are entitled.
As the controller, the Alaxo GmbH has implemented
numerous technical and organizational measures to ensure
the most complete protection of personal data processed
through this website. However, Internet-based data
transmissions may in principle have security gaps, so
absolute protection may not be guaranteed. For this
reason, every data subject is free to transfer personal
data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of Alaxo GmbH is based on
the terms used by the European legislator for the adoption
of the General Data Protection Regulation (GDPR). Our data
protection declaration shall be legible and understandable
for the general public, as well as our customers and
business partners. To ensure this, we would like to first
explain the terminology used.
In this data protection declaration, we use, inter alia,
the following terms:
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a) Personal data
Personal data means any information relating to an
identified or identifiable natural person (“data
subject”). An identifiable natural person is one who
can be identified, directly or indirectly, in
particular by reference to an identifier such as a
name, an identification number, location data, an
online identifier or to one or more factors specific
to the physical, physiological, genetic, mental,
economic, cultural or social identity of that natural
person.
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b) Data subject
Data subject is any identified or identifiable
natural person, whose personal data is processed by
the controller responsible for the processing.
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c) Processing
Processing is any operation or set of operations
which is performed on personal data or on sets of
personal data, whether or not by automated means, such
as collection, recording, organisation, structuring,
storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment
or combination, restriction, erasure or destruction.
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d) Restriction of processing
Restriction of processing is the marking of stored
personal data with the aim of limiting their
processing in the future.
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e) Profiling
Profiling means any form of automated processing of
personal data consisting of the use of personal data
to evaluate certain personal aspects relating to a
natural person, in particular to analyse or predict
aspects concerning that natural person's performance
at work, economic situation, health, personal
preferences, interests, reliability, behaviour,
location or movements.
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f) Pseudonymisation
Pseudonymisation is the processing of personal data
in such a manner that the personal data can no longer
be attributed to a specific data subject without the
use of additional information, provided that such
additional information is kept separately and is
subject to technical and organisational measures to
ensure that the personal data are not attributed to an
identified or identifiable natural person.
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g) Controller or controller responsible for the
processing
Controller or controller responsible for the
processing is the natural or legal person, public
authority, agency or other body which, alone or
jointly with others, determines the purposes and means
of the processing of personal data; where the purposes
and means of such processing are determined by Union
or Member State law, the controller or the specific
criteria for its nomination may be provided for by
Union or Member State law.
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h) Processor
Processor is a natural or legal person, public
authority, agency or other body which processes
personal data on behalf of the controller.
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i) Recipient
Recipient is a natural or legal person, public
authority, agency or another body, to which the
personal data are disclosed, whether a third party or
not. However, public authorities which may receive
personal data in the framework of a particular inquiry
in accordance with Union or Member State law shall not
be regarded as recipients; the processing of those
data by those public authorities shall be in
compliance with the applicable data protection rules
according to the purposes of the processing.
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j) Third party
Third party is a natural or legal person, public
authority, agency or body other than the data subject,
controller, processor and persons who, under the
direct authority of the controller or processor, are
authorised to process personal data.
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k) Consent
Consent of the data subject is any freely given,
specific, informed and unambiguous indication of the
data subject's wishes by which he or she, by a
statement or by a clear affirmative action, signifies
agreement to the processing of personal data relating
to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data
Protection Regulation (GDPR), other data protection laws
applicable in Member states of the European Union and
other provisions related to data protection is:
Alaxo GmbH
Wettersteinstr. 20
82499 Wallgau
Germany
Phone: +49 8825 9219955
Email: dataprotection@alaxo.com
Website: www.alaxo.com
3. Collection of general data and information
The website of Alaxo GmbH collects a series of general
data and information when a data subject or automated
system calls up the website. This general data and
information are stored in the server log files. Collected
may be (1) the browser types and versions used, (2) the
operating system used by the accessing system, (3) the
website from which an accessing system reaches our website
(so-called referrers), (4) the sub-websites, (5) the date
and time of access to our website, (6) an internet
protocol address (IP address), (7) the Internet service
provider of the accessing system, and (8) any other
similar data and information that may be used in the event
of attacks on our information technology systems.
When using these general data and information, Alaxo GmbH
does not draw any conclusions about the data subject.
Rather, this information is needed to (1) deliver the
content of our website correctly, (2) optimize the content
of our website as well as its advertisement, (3) ensure
the long-term viability of our information technology
systems and website technology, and (4) provide law
enforcement authorities with the information necessary for
criminal prosecution in case of a cyber-attack. Therefore,
Alaxo GmbH analyzes anonymously collected data and
information statistically, with the aim of increasing the
data protection and data security of our enterprise, and
to ensure an optimal level of protection for the personal
data we process. The anonymous data of the server log
files are stored separately from all personal data
provided by a data subject.
4. Routine erasure and blocking of personal data
The data controller processes and stores the personal
data of the data subject only for the period necessary to
achieve the purpose of storage, or as far as this is
granted by the European legislator or other legislators in
laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage
period prescribed by the European legislator or another
competent legislator expires, the personal data are
routinely blocked or erased in accordance with legal
requirements.
5. Rights of the data subject
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a) Right of confirmation
Each data subject has the right granted by the
European legislator to obtain from the controller the
confirmation as to whether or not personal data
concerning him or her are being processed. If a data
subject wishes to avail himself of this right of
confirmation, he or she may, at any time, contact the
controller.
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b) Right of access
Each data subject has the right granted by the
European legislator to obtain from the controller free
information about his or her personal data stored at
any time and a copy of this information. Furthermore,
the European directives and regulations grant the data
subject access to the following information:
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- the purposes of the processing;
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- the categories of personal data concerned;
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- the recipients or
categories of recipients to whom the personal data
have been or will be disclosed, in particular
recipients in third countries or international
organisations;
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- where possible, the
envisaged period for which the personal data will be
stored, or, if not possible, the criteria used to
determine that period;
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- the existence of the right to request from the
controller rectification or erasure of personal data,
or restriction of processing of personal data
concerning the data subject, or to object to such
processing;
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- the existence of the right to lodge a complaint
with a supervisory authority;
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- where the personal data are not collected from the
data subject, any available information as to their
source;
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- the existence of automated decision-making,
including profiling, referred to in Article 22(1) and
(4) of the GDPR and, at least in those cases,
meaningful information about the logic involved, as
well as the significance and envisaged consequences of
such processing for the data subject.
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Furthermore, the data subject has a right to obtain
information as to whether personal data are
transferred to a third country or to an international
organisation. Where this is the case, the data subject
shall have the right to be informed of the appropriate
safeguards relating to the transfer
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If a data subject wishes to avail himself of this
right of access, he or she may, at any time, contact
the controller.
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c) Right to rectification
Each data subject has the right granted by the
European legislator to obtain from the controller
without undue delay the rectification of inaccurate
personal data concerning him or her. Taking into
account the purposes of the processing, the data
subject shall have the right to have incomplete
personal data completed, including by means of
providing a supplementary statement.
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If a data subject wishes to exercise this right for
rectification, he or she may, at any time, contact the
controller.
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d) Right to erasure (Right to be forgotten)
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Each data subject has the right granted by
the European legislator to obtain from the
controller the erasure of personal data
concerning him or her without undue delay, and
the controller has the obligation to erase
personal data without undue delay where one of
the following grounds applies, as long as the
processing is not necessary:
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If one of the aforementioned reasons applies,
and a data subject wishes to request the
erasure of personal data stored by Alaxo GmbH,
he or she may, at any time, contact the
controller. Alaxo GmbH will promptly ensure
that the erasure request is complied with
immediately.
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Where the controller has made personal data
public and is obliged pursuant to Article
17(1) GDPR to erase the personal data, the
controller, taking account of available
technology and the cost of implementation,
shall take reasonable steps, including
technical measures, to inform other
controllers processing the personal data that
the data subject has requested erasure by such
controllers of any links to, or copy or
replication of, those personal data, as far as
processing is not required. Alaxo GmbH will
arrange the necessary measures in individual
cases.
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- The personal data are
no longer necessary in relation to the
purposes for which they were collected
or otherwise processed.
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- The data subject
withdraws consent to which the
processing is based according to point
(a) of Article 6(1) of the GDPR, or
point (a) of Article 9(2) of the GDPR,
and where there is no other legal ground
for the processing.
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- The data subject
objects to the processing pursuant to
Article 21(1) of the GDPR and there are
no overriding legitimate grounds for the
processing, or the data subject objects
to the processing pursuant to Article
21(2) of the GDPR.
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- The personal data
have been unlawfully processed.
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- The personal data
must be erased for compliance with a
legal obligation in Union or Member
State law to which the controller is
subject.
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- The personal data
have been collected in relation to the
offer of information society services
referred to in Article 8(1) of the GDPR.
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If one of the aforementioned reasons
applies, and a data subject wishes to
request the erasure of personal data
stored by Alaxo GmbH, he or she may, at
any time, contact the controller. Alaxo
GmbH will promptly ensure that the erasure
request is complied with immediately.
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Where the controller has made personal
data public and is obliged pursuant to
Article 17(1) GDPR to erase the personal
data, the controller, taking account of
available technology and the cost of
implementation, shall take reasonable
steps, including technical measures, to
inform other controllers processing the
personal data that the data subject has
requested erasure by such controllers of
any links to, or copy or replication of,
those personal data, as far as processing
is not required. Alaxo GmbH will arrange
the necessary measures in individual
cases.
e) Right of restriction of processing
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Each data subject shall
have the right granted by the European
legislator to obtain from the controller
restriction of processing where one of the
following applies:
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- The processing is
unlawful and the data subject opposes
the erasure of the personal data and
requests instead the restriction of
their use instead.
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- The controller no
longer needs the personal data for the
purposes of the processing, but they are
required by the data subject for the
establishment, exercise or defence of
legal claims.
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- The data subject has
objected to processing pursuant to
Article 21(1) of the GDPR pending the
verification whether the legitimate
grounds of the controller override those
of the data subject.
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If one of the
aforementioned conditions is met, and a
data subject wishes to request the
restriction of the processing of personal
data stored by the Alaxo GmbH, he or she
may at any time contact the controller.
Alaxo GmbH will arrange the restriction of
the processing.
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f) Right to data portability
Each data subject shall have the right
granted by the European legislator, to receive
the personal data concerning him or her, which
has been provided to a controller, in a
structured, commonly used and machine-readable
format. He or she shall have the right to
transmit those data to another controller
without hindrance from the controller to which
the personal data have been provided, as long
as the processing is based on consent pursuant
to point (a) of Article 6(1) of the GDPR or
point (a) of Article 9(2) GDPR, or on a
contract pursuant to point (b) of Article 6(1)
of the GDPR, and the processing is carried out
by automated means, as long as the processing
is not necessary for the performance of a task
carried out in the public interest or in the
exercise of official authority vested in the
controller.
Furthermore, in exercising his or her right
to data portability pursuant to Article 20(1)
GDPR, the data subject shall have the right to
have personal data transmitted directly from
one controller to another, where technically
feasible and when doing so does not adversely
affect the rights and freedoms of others.
In order to assert the right to data
portability, the data subject may at any time
contact the Alaxo GmbH.
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g) Right to object
Each data subject shall have the right
granted by the European legislator to object,
on grounds relating to his or her particular
situation, at any time, to processing of
personal data concerning him or her, which is
based on point (e) or (f) of Article 6(1)
GDPR. This also applies to profiling based on
these provisions.
Alaxo GmbH will no longer process the
personal data in the event of the objection,
unless we can demonstrate compelling
legitimate grounds for the processing which
override the interests, rights and freedoms of
the data subject, or for the establishment,
exercise or defence of legal claims.
If Alaxo GmbH processes personal data for
direct marketing purposes, the data subject
shall have the right to object at any time to
processing of personal data concerning him or
her for such marketing. This applies to
profiling to the extent that it is related to
such direct marketing. If the data subject
objects at Alaxo GmbH against the processing
for direct marketing purposes, Alaxo GmbH will
no longer process the personal data for these
purposes.
In addition, the data subject has the right,
on grounds relating to his or her particular
situation, to object against processing of
personal data concerning him or her by Alaxo
GmbH for scientific or historical research
purposes, or for statistical purposes pursuant
to Article 89(1) of the GDPR, unless the
processing is necessary for the performance of
a task carried out for reasons of public
interest.
In order to assert the right to data
portability, the data subject may at any time
contact Alaxo GmbH.
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h) Automated individual decision-making,
including profiling
Each data subject shall have the right
granted by the European legislator not to be
subject to a decision based solely on
automated processing, including profiling,
which produces legal effects concerning him or
her, or similarly significantly affects him or
her, as long as the decision (1) is not is
necessary for entering into, or the
performance of, a contract between the data
subject and a data controller, or (2) is not
authorised by Union or Member State law to
which the controller is subject and which also
lays down suitable measures to safeguard the
data subject's rights and freedoms and
legitimate interests, or (3) is not based on
the data subject's explicit consent.
If the decision (1) is necessary for entering
into, or the performance of, a contract
between the data subject and a data
controller, or (2) it is based on the data
subject's explicit consent, the Alaxo GmbH
shall implement suitable measures to safeguard
the data subject's rights and freedoms and
legitimate interests, at least the right to
obtain human intervention on the part of the
controller, to express his or her point of
view and contest the decision.
If the data subject wishes to exercise the
rights concerning automated individual
decision-making, he or she may, at any time,
contact Alaxo GmbH.
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i) Right to withdraw data protection consent
Each data subject shall have the right
granted by the European legislator to withdraw
his or her consent to processing of his or her
personal data at any time.
If the data subject wishes to exercise the
right to withdraw the consent, he or she may,
at any time, contact Alaxo GmbH.
6. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis
for processing operations for which we obtain
consent for a specific processing purpose. If the
processing of personal data is necessary for the
performance of a contract to which the data
subject is party, as is the case, for example,
when processing operations are necessary for the
supply of goods or to provide any other service,
the processing is based on Article 6(1) lit. b
GDPR. The same applies to such processing
operations which are necessary for carrying out
pre-contractual measures, for example in the case
of inquiries concerning our products or services.
If our company is subject to a legal obligation by
which processing of personal data is required,
such as for the fulfillment of tax obligations,
the processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the processing of personal data may
become necessary to protect the vital interests of
the data subject or of another natural person.
This would be the case, for example, if a visitor
were injured in our company and his name, age,
health insurance data or other vital information
would have to be passed on to a doctor, hospital
or other third party. Then the processing would be
based on Art. 6(1) lit. d GDPR. Finally,
processing operations could be based on Article
6(1) lit. f GDPR. This legal basis is used for
processing operations which are not covered by any
of the abovementioned legal grounds, if processing
is necessary for the purposes of the legitimate
interests pursued by our company or by a third
party, except where such interests are overridden
by the interests or fundamental rights and
freedoms of the data subject which require
protection of personal data. Such processing
operations are particularly permissible because
they have been specifically mentioned by the
European legislator. He consideres that a
legitimate interest could be assumed if the data
subject is a client of the controller (Recital 47
Sentence 2 GDPR).
In particular, the German Medical Device Act
(Medizinproduktegesetz) and the European Medical
Device Directive 93/42/EEC (MDD) and Medical
Device Regulation EU 2017/745 (MDR) apply as
further legal basis in respect of the medical
device products of Alaxo GmbH.
7. The legitimate interests pursued by the
controller or by a third party
Where the processing of personal data is based on
Article 6(1) lit. f GDPR our legitimate interest
is to carry out our business in favour of the
well-being of all our employees and the
shareholders.
8. Period for which the personal data will be
stored
The criteria used to determine the period of
storage of personal data are the respective
statutory retention period and/or retention
periods as resulting from the German Medical
Device Act (Medizinproduktegesetz) and the
European Medical Device Directive 93/42/EEC (MDD)
and Medical Device Regulation EU 2017/745 (MDR)
and/or the quality management system of Alaxo
GmbH. After expiration of such periods, the
corresponding data is routinely deleted, as long
as it is no longer necessary for the fulfillment
of the contract or the initiation of a contract.
9. Statutory or contractual requirements for
provision of personal data; necessity for
conclusion of a contract; obligation of the data
subject to provide the personal data; possible
consequences of failure to provide such data
We clarify that the provision of personal data is
partly required by law (e.g. tax regulations) or
can also result from contractual provisions (e.g.
information on the contractual partner). Sometimes
it may be necessary for conclusion of a contract
that the data subject provides us with personal
data for subsequent processing by us. The data
subject is, for example, obliged to provide us
with personal data if our company shall sign a
contract with him or her. The non-provision of the
personal data would have the consequence that the
contract with the data subject cannot be
concluded. Before personal data is provided by the
data subject, the data subject must contact Alaxo
GmbH. Alaxo GmbH explains to the data subject
whether the provision of the personal data is
required by law or contract or is necessary for
the conclusion of the contract, whether there is
an obligation to provide the personal data and the
consequences of non-provision of the personal
data.
10. Existence of automated decision-making
As a responsible company, we do not use automatic
decision-making or profiling.
This Privacy Policy has been generated by the
Privacy Policy Generator of the German
Association for Data Protection that has
been developed in cooperation with Privacy
Lawyers from WILDE BEUGER SOLMECKE, Cologne.
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