Data Privacy Policy

Information on data processing according to Art. 13 and 14 General Data Protection Regulation (GDPR)

We care about the protection of your personal data and your privacy. For this reason, we will inform you in the following about our handling of your personal data, in particular for what we process your personal data, to whom we transmit them and the data protection claims and rights to which you are entitled. When we subsequently talk about data, we mean your personal information. This is all the information that identifies you as a person, directly or indirectly.

Please read the following information carefully.

About this Policy

This policy explains when and why we collect personal information, how we use it and how we keep it secure and your rights in relation to it. We may collect, use and store your personal data, as described in this Data Privacy Policy and as described when we collect data from you. We reserve the right to amend this Data Privacy Policy from time to time without prior notice. You are advised to check our website (www.medel.com) regularly for any amendments (but amendments will not be made retrospectively). We will always comply with the General Data Protection Regulation (GDPR) when dealing with your personal data. For the purposes of the GDPR, we will be the "controller" of all personal data we hold about you.

Who is responsible for data processing?

The responsible controller is:

MED-EL Elektromedizinische Geräte Gesellschaft m.b.H.
Fürstenweg 77a
6020 Innsbruck
Österreich
Tel.: +43 5 77 88
office@medel.com

The responsible data protection officer can be contacted directly

privacy@medel.com

or

MED-EL Elektromedizinische Geräte GmbH
attn. Datenschutzbeauftragter
Fürstenweg 77a
6020 Innsbruck
Austria

Which data are being processed and from which sources does this data come from?

We process personal data that we receive from you in the course of the business relationship. In addition, we process personal data that we receive from third parties and/or public accessible sources (eg business register, register of associations, country register, press, media) in a permissible manner (eg for the fulfillment of orders / contracts, fulfillment of legal obligations or consent granted by you).

Your personal data includes in particular:

  • Name
  • Contact information including e-mail address and phone numbers
  • Demographic information such as postal code, geographic location, preferences and interests
  • Other information relevant to market research studies
  • IP-Address
  • Usernames and Passwords for protected areas of the website
  • For job applications, in addition to name and contact details, the personal data you provide, training, further knowledge and qualifications, earlier employers and sent documents such as CV, certificates, etc.

For what purposes and on what legal basis is your data being processed?

We process your personal data in accordance with the data protection regulations (DSGVO and the Data Protection Act (DSG) in the current version).

You can use our online learning management system containing information, webinars, programs, and courses on MED-EL products and services. To register, you have to provide the following data to us: name, e-mail, address, city, country, profession, and organisation. The Academy also collects online learner behaviour and progress metrics to provide insight into learning experience and proficiency.

Purpose:
Registration and use of our Academy online learning management system

Legal basis:
Performance of a contract – Art. 6 (1) lit. b) GDPR

You can contact us via our website www.audioversum.at and subscribe to our newsletter. For more detailed information go to the subsections "Newsletter" and "Contact forms" of this data protection notice.
You can also sign up for the newsletter at the terminals for our visitor satisfaction survey directly in the museum.

Legal basis:
Consent – Art. 6 (1) a) GDPR and Legitimate interest – Art. 6 (1) f) GDPR marketing.

The entire exhibition area of the Audioversum Science Center is under video surveillance.

Legal basis:
Legitimate Interest – Art. 6 (1) f GDPR - Protection against vandalism and theft, visitor management.

Audiocheck hearing test

If you hand in the postcard for the Audiocheck test results in the museum, the results will be forwarded to a MED-EL branch in your area to contact you in writing or by phone. The following data is processed: Name, address, email address, telephone number, age and hearing result.

Legal Basis:
Consent – Art. 6 (1) a) and Art. 9 (2) a) GDPR

We use a chatbot on some of our websites to answer your questions about MED-EL products and services. The chatbot is a text-based software system, the use is voluntary. Your text entries are saved locally on your PC in a cookie for the duration of your session. Dialogues are analyzed in an anonymous form by MED-EL to further improve the chatbot. If you enter your contact details, they will be forwarded to your MED-EL Office to answer your request.

The chatbot uses the Azure Bot Service provided by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. Information on data privacy can be found here: https://privacy.microsoft.com/en-us/privacystatement

Purpose:
Quick help with your requests

Legal basis:
Consent Art. 6 (1) a GDPR

If you allow access to position data via your browser, the clinics and distribution partners are displayed nearby. Your position will be located by identifying the position of your IP address. The data will not be saved.

Purpose:
Display of clinics and distribution partners close to your location

Legal basis:
Consent – Art. 6 (1) lit. a) GDPR

You are able to contact MED-EL (e.g. requests about products, support, etc.) by filling out our contact forms. The contact is normally made by email, if a phone number is given by phone.

When submitting the contact form your data of the contact fields (name, occupation (e.g. surgeon, home care, audiologist), interests (professional interests), telephone, address (street, house number, city, zip code, region, country), e-mail, interest to be included in mailing list) are processed.

Purpose:
Answering/assisting you with your request

Legal Basis:
Performance of a contract or to perform pre-contractual steps – Art. 6 (1) b) GDPR

In some of our contact forms we use “Google reCAPTCHA”, Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, Information on data privacy. With this we check if the data entry is done by a human or by an automated program. Analysis starts automatically as soon as you visit our website. reCAPTCHA uses different information for this analysis (e.g. IP address, time of the visit, mouseclicks).

Legal Basis:
Legitimate interest – Art. 6 (1) f) GDPR - Protection against abusive automated spying and spam.

MED-EL offers a range of applications for rehabilitation training and support purposes that work on smart phones, tablets and web devices (e.g. Listen Up, Audio2Ear, Audiokey, Auditory Skills Checklist, Common Objects Token (COT) Test, Hear Today). These applications have their own built in privacy policies.

The purpose of these applications is to help get the best out of your MED-EL product; to hear and understand better, to progress learning and to give our users quality of life features. For some apps it is possible to send the test-results in pdf form by E-Mail.

Registration takes place via your myMED-EL account.

Purpose:
Use of the mobile apps for rehabilitation, training and support purposes.

Legal Basis:
Performance of a contract – Art. 6 (1) b GDPR

The myMED-EL platform provides registered users access to personalized MED-EL offers. We process, based on the registered role, the following categories of data, in order to authenticate your registration, and provide the right information and services for your medical device or professional needs:

Email address, name, country, date of birth, parent or guardian details, product type, serial number, relationship to user, profession, institution and address of institution.

We use your email address to

  • send you messages about your myMED-EL account.
  • address further questions or ask for additional data to verify you as MED-EL user.
  • inform you that your myMED-EL account is granted.

The date of birth is necessary to ensure that recipient accounts for children are only set up with the consent of parents or legal guardians.

The authentication for the access to myMED-EL and the personalized services is carried out by means of the Auth0 software component. This requires forwarding your email address and password to Auth0 for a secure login process. More information can be found here https://auth0.com/terms/ and here https://auth0.com/privacy/.

You can unsubscribe anytime by contacting us, e.g. via e-mail directly in your myMED-EL profile.

Purpose:
Your contact details are required to confirm your identity and to meet the required services and contact requests.

Legal basis:
Consent – Art. 6 (1) a) GDPR and Performance of a contract - Art. 6 (1) b) GDPR.

We offer various free subscription services via our website and social media that provide information about MED-EL products, services and our work. From time to time we send out optional surveys that ask for your anonymous feedback.

In order to provide relevant and accurate marketing we process your name, profession and professional interests, phone number, address, email address and user behavior (opening emails, clicking on links).

You can unsubscribe anytime, a link is included in each newsletter.

MED-EL cares about the privacy of our users and partners with the following providers in order to deliver marketing and communications to you securely, and in a legal manner:

MailChimp: https://mailchimp.com/legal/privacy/

Microsoft Dynamics 365 Marketing: https://docs.microsoft.com/de-de/dynamics365/get-started/gdpr/

Salesforce: https://www.salesforce.com/company/privacy/

Survey Monkey: https://www.surveymonkey.com/mp/privacy/

Purpose:
Information about MED-EL specific topics, products and services

Legal basis:
Consent – Art. 6 (1) lit. a) GDPR and Legitimate interests – Art. 6 (1) lit. f) GDPR advertising and optimizing of online offers.

We offer hearing tests and surveys on our website, as well as in some countries the option of uploading audiograms or test results. Depending on the test, your data (name, contact details, age, gender, test result, speech perception, audiogram) will be transmitted to a MED-EL expert in your area.

For minors this request can only be submitted by their legal representatives.

Purpose:
Answering/assisting you with your request on available hearing solutions; analysis of your audiogram/test result and providing you with information about your hearing.

The test results are processed in an anonymized form also for statistical and research purposes.

Legal basis:
Consent – Art. 9 (2) lit. a) GDPR and Legitimate Interest – Art. 6 (1) f) and Art. 89 GDPR – Statistics, Research and improvement of our products and services.

You can submit an unsolicited application as well as an application for a specific listed position through our website.

For more information acc. to Article 13 of the General Data Protection Regulation (GDPR) in connection with the collection and processing of your personal data in the context of the online application please have a look at our MED-EL Data Privacy Information for applicants.

Purpose:
Job application

Legal basis:
Consent – Art. 6 (1) lit. b) GDPR

MED-EL offers online events, webinars and meetings, as well as support for audiologists, speech pathologists and surgeons via videoconference. For registration purposes and to communicate with you, we will process the following data: first name, last name, email address, profession, institution, city/country, name of MED-EL representative.

Online events may be recorded and are made available via the MED-EL Academy.

Depending on the type of online event, we use the following providers:

“WebEx” is a service of Cisco Systems Inc., 170 West Tasman Dr., San Jose, CA 95134, USA. Privacy information: http://www.cisco.com/c/en/us/about/legal/privacy.html.

Adobe Connect is a service of Adobe Systems Software, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland. Privacy information: https://www.adobe.com/privacy.html.

Zoom is a service of Zoom Video Communications Inc., 55 Almaden Blvd, Suite 600, San Jose, California 95113, USA. Privacy information: https://zoom.us/privacy.

Microsoft Teams is a service of Microsoft Corporation, One Microsoft Way Redmond, Washington 98052. Privacy information: https://privacy.microsoft.com/en-us/privacystatement.

Purpose:
Registration and access to events, webinars and video conferences.

Legal Basis:
Performance of a contract – Art. 6 (1) b GDPR and Legitimate interests – Art. 6 (1) f GDPR – Provide online events and training material.

PayPal

In some countries we accept online payments via PayPal (Europe) S.a.r.L, 22-24 Boulevard Royal, L-2449 Luxembourg. In order to complete a transaction, your personal data will be securely shared between MED-EL and Paypal. This includes your name, address, email address, IP address, transaction ID.

Further information can be found here: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

Purpose:
Payment by PayPal

Legal Basis:
Performance of a contract – Art. 6 (1) b GDPR

Authorized MED-EL partners can upload and save hearing maps directly to the myMED-EL platform, our trained clinical specialists use these maps to deal with service cases, warranties, and patient specific customizations.

In order to provide this service, we process the data of the audio processor, serial number, product type, date of fitting and hearing map. MED-EL anonymize this data and use it for statistics, research and product improvement

Purpose:
Faster handling of service and repair cases.

Legal Basis:
Consent – Art. 9 (2) a) GDPR and Legitimate interests - Art. 6 (1) f) and Art. 89 GDPR -Research and improvement of product services.

You can find MED-EL online via social media. We use these platforms to communicate with you and publish information about our products and work. Your feedback is used to improve our products and services. We receive anonymous statistics from these providers about: comments, sharing, likes, subscriptions and similar interactions, you can find their privacy information below.

We are jointly responsible with the providers. For inquiries about your personal data, you can contact both, the operator and us.

Purpose:
Online communication, publish information about products and services. Evaluate Feedback for product and service improvement.

Legal Basis:
Legitimate interests – Art. 6 (1) f) GDPR – public relations and communication, improvement of products and services.

Twitter
Twitter is a service of Twitter International Company, 26 Fenian St., Dublin, Ireland. Data protection information: https://twitter.com/en/privacy.

YouTube
YouTube is a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Data protection information: https://policies.google.com/privacy.

LinkedIn
LinkedIn is a service of LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. Data protection information: https://www.linkedin.com/legal/privacy-policy.

Facebook and Instagram
are services of Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.
More information on the processing activities can be found in the privacy policy of Facebook https://www.facebook.com/privacy/explanation or Instagram https://help.instagram.com/519522125107875.
Further information on the use of personal data can also be found here: https://www.facebook.com/legal/terms/page_controller_addendum

As a professional you can register to our online media database containing case studies on implantation of MED-EL products. For registration you have to provide the following data to us: name, email, country, profession, name of clinic, city, interests, status. Registration is performed by the service provider Arri Media GmbH, Türkenstraße 89, 80799 München. Your name and email address is forwarded to Arri to complete the registration. Information on data privacy at Arri.

Purpose:
Registration and use of our Surgical Video Library

Legal basis:
Performance of a contract – Art. 6 (1) lit. b) GDPR

You can access nonpublic information (i.e. software downloads, additional services e.g. eLearning, webshops) by registering on our website. For Authentication to access nonpublic or  personalized Services MED-EL uses the Auth0 software component which requires the transfer of your email address and password for a secure Login process. See https://auth0.com/terms/ and https://auth0.com/privacy/ for more information.

Purpose: Your contact information (Address, Company, email, password)  is required by MED-EL to verify your identity and to fulfill the requested services or contracts.

Legal basis:
Consent – Art. 6 (1) lit. a) GDPR; performance of a contract – Art. 6 (1) lit. b) GDPR

If you use our Webshop you can order products from MED-EL. To fulfill the orders we will collect the following information: name, contact details, email, date of birth, clinic of implantation, date of implantation, name of recipient, contact details of recipient, reason of disability, device serial number, billing address, shipping address, phone number, IP address and browser information.
 
Purpose:
Operate the store, provide services and fulfill orders.
 
Legal basis:
Performance of a contract – Art. 6 (1) lit. b) GDPR

Who receives your data?

Within MED-EL Elektromedizinische Geräte Gesellschaft m.b.H., only those departments or employees receive your data, as far as they need it for processing for the corresponding purposes. In addition, commissioned by us processors (IT service providers, printing services, marketing, etc.) receive your data, if they need the data to fulfill their respective performance. All processors have been carefully selected and take appropriate technical and organisational measures to ensure that your data is processed in accordance with data protection obligations and that your rights are protected. Above all, contract processors are not permitted to use your personal data for their own purposes.

With regard to a transfer of data to other third parties, we point out that such a transfer is made only on the basis of a valid legal basis and for pre-determined purposes.

Update

The updating of your personal data takes place primarily on the basis of your direct feedback or change notices to us. However, updating is also possible due to information from third parties or the use of publicly available information.

How long will your data be stored?

We process your personal data, as far as necessary, for the duration of our business relationship (initiation, processing and termination of a contract) as well as in accordance with the statutory storage and documentation obligations arising from the Austrian Commercial Code (UGB) and the Federal Tax Code (BAO) or to assert, exercise or defend legal claims.

In addition, the storage period is also judged by the statutory limitation periods, which may be, for example, under the General Civil Code (ABGB) usually 30 years, in some cases, but only 3 years.

Basically, your data will therefore be deleted after complete execution of the contract, revocation of your consent or your objection, if the storage for the fulfillment of a legal obligation or for the establishment, exercise or defence of legal claims is not required. Further processing will only take place if you have expressly consented to the further use of your data or if we have reserved any further data processing that is permitted by law.

There is the possibility that anonymisation of the data is carried out instead of a deletion. In this case, any personal reference is irretrievably removed, which is why the data protection cancellation obligations no longer apply. In this case, no personal reference can be restored.

Your rights

Under the GDPR you have the following rights:

  • Right of access – Art. 15 GDPR:
    The right to obtain confirmation as to whether or not personal data concerning yourself are being processed, and, where that is the case, access to the personal data;
  • Right to rectification – Art. 16 GDPR:
    The right to obtain without undue delay the rectification of inaccurate personal data concerning yourself;
  • Right to erasure ('right to be forgotten') – Art. 17 GDPR:
    The right to obtain the erasure of your personal data concerning yourself without undue delay;
  • Right to restriction of processingArt. 18 GDPR:
    The right to obtain restriction of processing of your personal data;
  • Right to data portabilityArt. 20 GDPR:
    The right to receive the personal data concerning yourself, which you provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance;
  • Right to objectArt. 21 GDPR:
    The right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning yourself which is based on Art. 6 (1) lit. e) or f) GDPR.

Should you wish to access your information, change your contact preferences, or raise any questions or concerns about this privacy policy or how we handle your personal information, please email privacy@medel.com or contact one of the regional MED-EL offices closest to you: MED-EL Offices Worldwide

Although we will strive to address any questions or concerns you may have, if you believe that the processing of your data violates data protection law or if your data protection claims have otherwise been violated in a way, you can complain to the supervisory authority. In Austria the data protection authority is responsible.

Is there an obligation to provide data?

As part of the business relationship, you only need to provide the personal information that is required to establish and conduct the business relationship or that we are required to collect by law. You are also required to notify us of any changes in your data. Without this data, we will usually have to refuse the conclusion of the contract or the execution of the contract or an existing contract can no longer be performed and consequently terminated.

Is my data used for automated decision making including profiling?

We do not use automated decision-making according to Art. 22 DSGVO.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

About cookies on this website

In order to offer you an optimal user experience (e.g. your preferred language or page settings), we use cookies to save your login data, to ensure secure login, to collect statistical data to optimize website functions and to provide you with tailored content. Cookies are also important for the correct functioning of our website.

Click on „Accept all Cookies“, to accept all cookies and navigate directly to the website; or click on „Cookie Settings“, to get a detailed description of the types of cookies we use and to decide whether certain cookies should be saved.

We use the following providers for the improvement and optimal operation of our website:

This website uses Google Analytics, a web analysis service of Google Inc, (1600 Amphitheatre Parkway Mountain View, CA 94043, USA). The use includes the Universal Analytics operating mode. This facilitates the assignment of data, sessions and interactions across several devices to a pseudonymous user ID and thus the analysis of a user's activities across devices.

On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website and Internet use.

For more information on data protection please visit: https://policies.google.com/

Legal basis:
Consent – Art. 6 (1) a GDPR

This website uses the Visual Website Optimizer (VWO). With this tool we create user tests to optimize and further develop our website. VWO analyses static data about the use of our website. In addition, the tool is used as an A/B test tool. Data such as the number of visitors, click behaviour and average active residence time of the website user are assigned to the corresponding test variants.

Legal basis:
Consent – Art. 6 (1) a GDPR

We also use so-called social media plugins (hereinafter “buttons”) to link our website to social networks:

  • Clearspring Technologies (AddThis)
  • Facebook (Facebook Comments, Facebook Like Button and Social Widgets)
  • LinkedIn (LinkedIn Button and Social Widgets)
  • Twitter (Twitter Tweet Button and Social Widgets)
  • Google (Google+ Button and Social Widgets, Google Fonts, YouTube Button and Social Widgets)

When you visit our website, these buttons are disabled, i.e. they do not send any data to the respective social networks without your intervention. You can activate the buttons with your click. The buttons remain active until you de-activate them or delete your cookies.

After activation, a direct connection is established with the server of the social network. If you are logged in to the social network, this can assign your visit to this website to your user account.

We have no influence on the amount of data transferred to the social network.

For the purpose and scope of data collection and use of data by the social network as well as your related rights and settings options to protect your privacy, please refer to the privacy policy of the respective social networks.

Legal basis:
Consent – Art. 6 (1) a GDPR

We use the Google Tag Manager, a tool of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, on our website.

The Google Tag Manager itself does not store cookies or process personal data. However, it enables additional tags to be triggered that can collect and process personal data to allow a needs-based design and to optimize our website.

For more information on  the Tag Manager please visit: https://support.google.com/tagmanager/answer/9323295?hl=en

We use ”Google Ads“, a service of Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland.

For more information on Google data protection please visit: https://policies.google.com/technologies/ads?hl=en.

We use Google Ads for marketing and optimization purposes, mainly to show you relevant and interesting ads and to improve reports on campaign performance. We do not collect or process any personal data. We only receive anonymized statistical evaluations from Google. Google Ads automatically establishes a direct connection with the Google server. We have no influence on the extent and further use of the data collected by Google.

Purpose:
Optimization of our marketing offer.

Legal basis:
Consent – Art. 6 (1) a GDPR

We use the services “Facebook Pixel” and “Facebook Custom Audiences” of Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

For more information on Facebook data protection please visit: https://www.facebook.com/about/privacy.

These services enable Facebook to show our ads on Facebook only to those Facebook users who visited our website and showed interest in certain topics or products.

Purpose:
We use Facebook Pixel and Custom Audiences for marketing and optimization purposes, mainly to place relevant and interesting ads on Facebook and thus improve our offer.

Legal basis:
Consent – Art. 6 (1) a GDPR

 

This Policy was last updated in November 2020.

 

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