INTRODUCTION

Privacy is very important to Abiomed. We also understand that privacy is very important to you. This Privacy Policy tells you how we protect and use information that we gather through Abiomed websites.

This policy describes the types of information Abiomed may collect from you or that you may provide when you visit our www.abiomed-news.de website, (the “Website”) or when you fill out a form, or contact us through the Website, and explains how we collect, use, maintain, protect, and, in some circumstances, disclose that information.

Certain information we collect is necessary to complete our contractual or legal obligations, others are required for us to operate the Website or to fulfil Abiomed´s legitimate interests as a Company.  In some instances, the information we collect may be done only with your consent.

Please read this policy carefully to understand Abiomed’s policies and practices regarding your information and how we will treat it.

The information we receive, and how we use it, depends on what you do when visiting our Website, how your browser is configured, and what information you provide to us. We collect and use your personal information differently than your non-personal information (information that is not identifiable to you personally).

1. Responsible person and data protection officer

The Controller for this website is

Abiomed Europe GmbH
Neuenhofer Weg 3
52074 Aachen
Germany

Tel.: +49 241 8860-0
Fax: +49 241 8860-111
E-Mail: europe(at)abiomed.de
Website: www.abiomed-news.de

You can contact the data protection officer by e-mail at

abiomed(at)unser-datenschutz.de

or via the address

VUV Beratungs- und Service GmbH
Datenschutzbeauftragter Abiomed Europe GmbH
Theaterstr. 55
52062 Aachen
Germany

2. Web host

Hetzner Online GmbH
Industriestr. 25
91710 Gunzenhausen
Tel.: +49 9831 505-0
Fax: +49 9831 505-3
info@hetzner.com
www.hetzner.com

medicalvision GmbH
Ruhrtalstraße 67
45239 Essen

3. Joint Controllership

If we carry out processing operations under joint responsibility (Art. 26 GDPR), we will inform you at the appropriate points of this notice.

4. Data processed for the provision of the website and the creation of the log files

a. Which data are processed for which purpose?

Whenever the content of our website is accessed, our system (i.e. the web server) automatically records information from the system of the calling computer or terminal device of the user, which may allow identification. The following data is collected and temporarily stored:

  • Date and time of access
  • IP address of the user in anonymized form
  • Host name (Internet server provider) of the accessing computer
  • Website from which the website was accessed (so-called referrer URL)
  • Websites accessed via the website
  • Visited page on our website
  • Message whether the retrieval was successful
  • Amount of data transmitted
  • Information about the browser type and version used
  • Operating system of the user's terminal device

Temporary storage of data is necessary for the course of a website visit to enable delivery of the website. For this purpose, the user's IP address must necessarily remain stored for the duration of the session. Further storage in log files is carried out to ensure the functionality of the website and the security of the information technology systems (e.g. for attack detection). These purposes also constitute our legitimate interest in data processing.
An evaluation of the data for marketing purposes does not take place in this context.

b. What is the legal basis on which these data are processed?

The data is processed on the basis of Art. 6 Para. 1 lit. f GDPR in order to safeguard our legitimate interests as the responsible website operator.

c. Are there other recipients of the personal data besides the person responsible?

The website is supported by Medical Vision GmbH at Ruhrtalstraße 67, 45239 Essen, Germany and hosted at Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany. The hoster receives the above data as a subprocessor on behalf of the customer.

d. How long is the data stored?

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 provision of the website, this is the case when the respective session has ended.

The log files are stored up to a maximum of 2 (two) months and are automatically deleted after this period.

5. Contacting Abiomed via e-mail and contact form

a. Which data are processed for which purpose?

You can contact us via our contact form and the e-mail address we have provided. In this case, your personal data transmitted with the inquiry (data of the sender/user) will be stored. This data is used exclusively for processing your contact. The purpose of processing is thus to enable communication or to answer your enquiry.

b. What is the legal basis on which these data are processed?

The legal basis for the processing of this personal data, which you send us in the course of your inquiry, is based on Art. 6 Para. 1 lit. b or f GDPR. Our legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR is to communicate with you regarding your inquiry.

If your inquiry is aimed at the conclusion of a contract, Art. 6 Paragraph 1 lit. b GDPR is an additional legal basis for our data processing (fulfilment of a contract or measures to initiate a contract)

c. How long is the data stored?

The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. For personal data transmitted to us in the above-mentioned manner, this is the case when the respective conversation with the user has ended. The conversation ends when it is clear from the circumstances that the matter in question has been finally clarified. In the case contractual obligations or legal storage obligations, a deletion only comes into consideration after expiry of the respective storage obligation.

6. Cookies for the provision of our website, to improve functionality, statistics and web analysis

​​​​​​a. General information on the use of cookies

In order to make visiting our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use so-called cookies on various pages. Cookies are small text files that are automatically stored on your end device. Some of the cookies we use are deleted again after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognize your browser the next time you visit us (persistent cookies). You can see the duration of storage in the cookie settings of your web browser. You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for each browser under the following links:

Internet Explorer™: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies

Microsoft Edge™: support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies


Safari™:  https://support.apple.com/de-de/guide/safari/sfri11471/mac
Chrome™: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Firefoxhttps://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Opera™ :  https://blogs.opera.com/germany/2016/03/cookies-aktivieren-opera/

If cookies are not accepted, the functionality of our website may be limited.

b. Which data are processed for which purpose?

Which data is processed by a cookie and for what purpose depends on the cookie in question. Details of this can be found under the respective IT services or tools in the further course of our data protection notice which use the respective cookie. You will also find detailed information in the data protection notices or cookie guidelines of the respective providers. As a rule, the following personal data may be affected:

  • IP address (usually anonymous)
  • the website accessed
  • the website from which the user has reached the page called up on our website (referrer)
  • the subpages that are called from the called page,
  • Time and duration of the visit to the website
  • Frequency of the website visit.

c. On which legal basis do we use cookies?

The use of technically mandatory cookies, i.e. those without which our website would not function properly, is based on Art. 6 Para. 1 letter f) GDPR and serves to safeguard our legitimate interests, which predominate in the context of a balancing of interests, in a functional and optimized presentation of our offer as well as the security and stability of our website in accordance with Art. 6 Para. 1 sentence 1 letter f) GDPR.

Insofar as we wish to use cookies that are not absolutely necessary for the operation of this website and insofar as they are not justified by our legitimate interests in an optimized presentation of our offer and the security and stability of our website in accordance with Art. 6 Para. 1 S. 1 lit. f) GDPR, we require your prior consent, Art. 6 Para. 1 S. 1 lit. a GDPR.

We obtain this consent via a so-called cookie banner when you visit our site for the first time. Here you have the possibility to allow us to use the cookies listed below or to forbid them. We would like to point out that you may not be able to use all the functions of our website if you do not give your cookie consent for all cookies that are not necessary. The presentation of the website may also suffer from this.

A list of the cookies used can be found below under the cookie reference table of this privacy policy.

You can withdraw your consent to the use of the various cookies at any time with effect for the future.

You can revoke your consent to the setting of all cookies that are not technically required for the operation of the website or for security reasons at any time in the future by clicking on this link or by changing your cookie settings. You also have the option of sending us your revocation by e-mail to the following e-mail address abiomed@unser-datenschutz.de .

d. Are there other recipients of the personal data besides the person responsible?

If third-party IT services or tools are used, the cookies used are usually stored and processed by the respective third party, whereby these third parties may in turn use service providers who support them in providing their services and who may also receive the data collected by the cookie in this context.

e. How long is the data stored?

The data processed by us will be deleted in accordance with the legal requirements as soon as they are no longer required for the purpose of their collection or as soon as a granted consent is revoked, unless we are obliged or entitled to store the data beyond this period due to legal obligations (e.g. commercial or tax law retention periods) or in order to pursue legal claims or other legitimate interests.

In this case, the processing will be limited to these purposes (contrary to deletion) in the form that the data will be blocked and not processed for other purposes.

Further information on the deletion of personal data can be found in the individual explanations in this data protection notice.

7. Used services for functionality improvement, statistics and web analysis

a. General information on the use of Google services:

This information applies to all web services that we use on our website, which are offered by Google:

If you are habitually resident in the European Economic Area or Switzerland, the services of Google Ireland Ltd. ("Google"), a company incorporated and organised under the laws of Ireland (registration number: 368047) with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland.

You can find a current excerpt of the terms of use, as well as explanations about data protection at Google under:

https://policies.google.com/privacy?
https://policies.google.com/terms

Data Processing outside the European Union:

Since Google operates servers around the world, it cannot be ruled out that personal data will continue to be transferred to Google LLC, based in the USA.

Important note on the transfer of personal data to the USA after 16.07.2020:

Until now, Google based the transmission of data in regard to cookies on its certification under the EU-U.S. Privacy Shield Agreement. In its ruling of 16.07.2020, the European Court of Justice ("ECJ") declared the transfer of data on the basis of this agreement to be inadmissible. According to this ruling, the USA is to be classified as a country with a level of data protection that is insufficient according to EU standards. In particular, the ECJ judged the lack of effective legal protection for data subjects to be inadequate. This means in particular that there is a risk that your data as an affected website visitor in connection with the use of cookies may be processed by U.S. authorities for control and monitoring purposes, without you having any means of legal recourse against this.

Google is currently working on alternative bases pursuant to Art. 46 GDPR for the transfer of personal data to the USA.

Until such time as an alternative solution is implemented, the transfer will be based on consent pursuant to Art. 49 (1) lit. a GDPR. This is done by means of an appropriate notice on the transfer to third countries and acceptance of the use of Google services/cookies via the consent banner, as the use of Google services is inseparably linked to the possibility of transfer to the USA.

If you wish to prevent any transfer of your data to the USA, you should deactivate the use of cookies for statistical, analysis and marketing purposes in accordance with the settings options in the consent banner and limit yourself to the pure setting of technically necessary cookies. You can revoke or change your consent at any time by adjusting your settings via the "Cookie Policy" on our website.

b. Functionality improvement cookies

Google Tag Manager

We use the Google Tag Manager on our website. The Google Tag Manager is a service of Google Inc. ("Google"), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Please also see our general information on the use of Google services.

The Google Tag Manager allows us to integrate various codes and services on our website in an orderly and simplified way. The Google Tag Manager implements the tags or "triggers" the embedded tags. When triggering a tag, Google may collect information (including personal data) and process it. It cannot be excluded that Google may also transfer the information to a server in a third country.

In particular, the following personal data is processed by the Google Tag Manager:

  • Online identifiers (including cookie identifiers)
  • IP address

In addition, you can find more detailed information about the Google Tag Manager on the www.google.de/tagmanager/use-policy.html website and at policies.google.com/privacy under the section "Information we receive as a result of your use of our services".

Google processes the data on our behalf to trigger the deposited tags and to display the services on our website. Google may transfer this information to third parties if required by law or if third parties process this data on behalf of Google. If you have deactivated individual tracking services (e.g. by setting an opt-out cookie), the deactivation will remain in effect for all tracking tags concerned, which are integrated by the Google Tag Manager. By integrating Google Tag Manager, we aim to make it easier and clearer to integrate various services, to reduce the loading times of the various services and thus to minimize our maintenance efforts and the loading of the website and the server and traffic load. Google also has a legitimate interest in the collected (personal) data in order to improve its own services.

In order to be able to optimize this website using Google Tag Manager, we need your consent (Art. 6 para. 1 sentence 1 lit. a GDPR). For this reason, in the context of our above-mentioned request for cookie consent, we also ask you to give your consent to the use of cookies to improve functionality (user-friendliness) and for statistical and marketing purposes.

You have the possibility to prevent the sending of all tags of the Google Tag Manager, e.g. in case you already agreed to the use of this cookie, but no longer wish to receive it. All you have to do is click this opt-out link to place the Google Tag Manager opt-out cookie in your browser. You can also simply not give the requested consent to functional cookies.

c. Cookies for statistical and marketing purposes

Google Tag (Universal) Analytics
For website analysis, this website uses Google (Universal) Analytics, a web analysis service offered by Google (www.google.de). Please also note our general information on the use of Google services.

Google (Universal) Analytics uses methods that enable an analysis of your use of the website, such as cookies. The automatically collected information about your use of this website is usually transferred to a Google server in the USA and worldwide and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data unless you are logged in with your Google account when using our website. The data collected in this context will be deleted after the end of the purpose and use of Google Analytics by us.

In order to be able to analyze this website using Google (Universal) Analytics, we require your consent (Art. 6 para. 1 sentence 1 lit. a GDPR), which is why we ask you to give your consent to the use of cookies for statistical and marketing purposes in the context of our above-mentioned cookie request.

Furthermore, we have concluded a contract with Google for the use of the Google Tag Manager and Google Tag Analytics according to Art. 28 GDPR.

8. Data Processing outside the European Union/European Economic Area

If personal data is processed outside the European Union, you can see this at the relevant points of this notice.

9. Links to other websites

Our site contains links to other websites. We are not responsible for the data protection and also the content of these other internet offers and in particular we have no influence on them. We select the sites to which we link to the best of our knowledge and belief, check them to the extent that it is reasonable and remove links from our website if dubious or even illegal content is reported to us or becomes known to us in any other way. Should you notice any such content, please inform us so that we can react accordingly. We recommend that Internet users who leave our website inform themselves about the respective data protection notices of the other Internet offerings they visit.

10. Rights of data subjects

a. Right to information

In accordance with Art. 15 GDPR, you can request information about the personal data we process.

b. Right of appeal

You have a right of appeal on special grounds (see point II).

c. Right of rectification

If the information concerning you is not (or is no longer) correct, you can request a correction under Art. 16 GDPR. If your data is incomplete, you may request that it be completed.

d. Right of deletion

Under Art. 17 GDPR, you can request the deletion of your personal data.

e. Right to limit processing

According to Art. 18 GDPR, you have the right to request a restriction on the processing of your personal data.

f. Right of appeal

If you are of the opinion that the processing of your personal data violates data protection law, you have the right to complain to a data protection supervisory authority of your choice in accordance with Article 77 paragraph 1 of the GDPR. This includes the data protection supervisory authority responsible for the person responsible: State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia, P.O. Box 20 04 44, 40102 Düsseldorf, 0211/38424-0, poststelle@ldi.nrw.de.

g. Right to data portability

In the event that the requirements of Art. 20 Para. 1 GDPR are met, you have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to third parties. The collection of data for the provision of the website and the storage of log files are absolutely necessary for the operation of the website. They are therefore not based on consent pursuant to Art. 6 Para. 1 letter a GDPR or on a contract pursuant to Art. 6 Para. 1 letter b GDPR but are justified pursuant to Art. 6 Para. 1 letter f GDPR. The requirements of Art. 20 para. 1 GDPR are therefore not fulfilled in this respect.

11. Right of objection under Article 21(1) of the GDPR

You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data carried out by Abiomed pursuant to Article 6 para. 1    lit. f GDPR. The controller will then no longer process the personal data unless he can demonstrate compelling reasons for processing which are justified on grounds of protection and which outweigh the interests, rights and freedoms of the data subject, or unless the processing is for the purpose of asserting, exercising or defending legal claims. The collection of the data for the provision of the website and the storage of the log files are absolutely necessary for the operation of the website.

12. Amendment and update of the privacy policy

We reserve the right to update our data protection notice from time to time if changes in the data processing carried out by us make this necessary or if the legal framework or its interpretation and application practice, which form the basis of our data processing, change.

We therefore ask you to inform yourself independently at regular intervals about the content of our data protection notice (Privacy Policy).

Stand: August 2020