HUMAN Diagnostics Worldwide Privacy Statement

The safety and protection of your personal data is important for HUMAN Gesellschaft für Biochemica und Diagnostica (hereafter: "HUMAN"). HUMAN intends to give you as much control over your personal data as possible. 

By using the HUMAN website, you agree to the terms of this privacy statement. Whenever you submit information to us through our website, you consent to the collection, use and disclosure of information in accordance with this Privacy Policy.

Personal data is handled in accordance with the new European Data Protection Ordinance (DSGVO) as of september 2020. In the following we inform you which data is collected during your visit to our website and how it is used.

1. Identity and contact details of the data controller

The data controller responsible in accordance with the purposes of the General Data Protection Regulation (GDPR) of the European Union and other national data protection laws of the Member States as well as other data protection regulations

is:

HUMAN Gesellschaft für Biochemica und Diagnostica mbH

Max-Planck-Ring 21

65205 Wiesbaden

Germany

+49 6122 9988 0

info@human.de

www.human.de

1. Contact details of the data protection officer

The designated data protection officer is:

DataCo GmbH

Dachauer Str. 65

80335 Munich

Germany

+49 89 7400 45840

www.dataguard.de

1. General information on data processing

1. Scope of processing personal data

In general, we only process the personal data of our users to the extent necessary in order to provide a functioning website with our content and services. The processing of personal data regularly only takes place with the consent of the user. Exceptions include cases where prior consent technically cannot be obtained and where the processing of the data is permitted by law.

2. Legal basis for data processing

Art. 6 para. 1 s. 1 lit. a GDPR serves as the legal basis to obtain the consent of the data subject for the processing of their data.

As for the processing of personal data required for the performance of a contract of which the data subject is party, Art. 6 para. 1 s. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual activities.

When it is necessary to process personal data in order to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 s. 1 lit. c GDPR 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 s. 1 lit. d GDPR serves as the legal basis.

If the processing of data is necessary to safeguard the legitimate interests of our company or that of a third party, and the fundamental rights and freedoms of the data subject do not outweigh the interest of the former, Art. 6 para. 1 s. 1 lit. f GDPR will serve as the legal basis for the processing of data.

3. Data removal and storage duration

The personal data of the data subject will be erased or restricted as soon as the purpose of its storage has been accomplished. Additional storage may occur if it was provided for by the European or national legislator within the EU regulations, law, or other relevant regulations to which the data controller is subject. Restriction or erasure of the data also takes place when the storage period stipulated by the aforementioned standards expires, unless there is a need to prolong the storage of the data for the purpose of concluding or fulfilling the respective contract.

1. Rights of the data subject

When your personal data is processed, you are subsequently a data subject in the sense of the GDPR and have the following rights:

1. Right to information

You may request from the data controller to confirm whether your personal data is processed by them.

If such processing is the case, you can request the following information from the data controller:

1. • The purpose for which the personal data is processed;
   • The categories of personal data being processed;
   • The recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
   • The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
   • The existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the data controller or a right to object to such processing;
   • The existence of a right of appeal to a supervisory authority;
   • All available information on the source of the data if the personal data is not collected from the data subject;
   • The existence of automated decision-making including profiling under Article 22 para. 1 and para. 4 GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.

You have the right to request information on whether your personal data will be transmitted to a third country or an international organisation. In this context, you can then request for the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or completion of the data controller, if your processed personal data is incorrect or incomplete. The data controller must correct the data without delay.

3. Right to the restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

1. • If you challenge the correctness of your personal data for a period of time that enables the data controller to verify the accuracy of your personal data;
   • The processing is unlawful, and you refuse the erasure of the personal data and instead demand the restriction of the use of the personal data;
   • The representative no longer needs the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or
   • If you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet certain whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, this data may – with the exception of data storage – only be used 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 for reasons of important public interest, interest to the Union, or a Member State.

If the processing has been restricted according to the beforementioned conditions, you will be informed by the data controller before the restriction is lifted.

4. Right to erasure

a) Obligation to erase

If you request from the data controller to delete your personal data with immediate effect, they are required to do so immediately given that one of the following applies:

1. • Personal data concerning you is no longer necessary for the purposes for which they were collected or processed.
   • You revoke your consent, to which the processing is allowed pursuant to Art. 6 para. 1 s. 1 lit. a oder Art. 9 para. 2 lit. a GDPR and there is no other legal basis for processing the data
   • According to Art. 21 para. 1 GDPR you object to the processing of the data given that the processing of the data is justified by a legitimate interest, or you object pursuant to Art. 21 para. 2 GDPR.
   • Your personal data has been processed unlawfully.
   • The act of deleting your personal data will invoke a legal obligation under the Union law or the law of the Member States to which the data controller is subject.
   • Your personal data was collected in relation to information business services offered pursuant to Art. 8 para. 1 GDPR.

b) Information to third parties

If the data controller has made your personal data public and has to delete the data pursuant to Art. 17 para. 1 GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, taking into account available technology and implementation costs to execute the process.

c) Exceptions

The right to deletion does not exist if the processing is necessary

1. • to exercise the right to freedom of speech and information;
   • to fulfill a legal obligation required by the law of the Union or of the Member States to which the representative is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative;
   • for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
   • for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
   • to enforce, exercise or defend legal claims.

5. Right to information

If you have the right of rectification, erasure or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

You reserve the right to be informed about the recipients of your data by the data controller.

6. Right to data portability

You have the right to receive your personal data given to the data controller in a structured, standard and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the data controller who was initially given the data, given that

1. • the processing is based on a consent in accordance with Art. 6 para. 1 s. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract in accordance with Art. 6 para. 1 s. 1 lit. b GDPR and
   • the processing is done by automated means.

In exercising this right, you also have the right to maintain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the data controller.

7. Right to object

Subjective to your situation, you have, at any time, the right to object against the processing of your personal data pursuant to Art. 6 para. 1 s. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling insofar as it is associated with direct mail.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Regardless of Directive 2002/58/EG, you have the option, in the context of the use of information society services, to exercise your right to object to automated procedures that use technical specifications.

8. Right to revoke the data protection consent declaration

You have the right to withdraw your consent at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

9. Automated decision on a case-by-case basis, including profiling

You have the right not to subject to a decision based solely on automated processing – including profiling – that will have legal effect or affect you in a similar manner. This does not apply if the decision

1. • is required for the conclusion or execution of a contract between you and the data controller,
   • is permitted by the Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
   • with your expressed consent.

However, these decisions must not be based on special categories of personal data under Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or their representative, to express your opinion on the matter, and to contest the decision.

10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in the Member State of their residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

1. Provision of website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and relevant information from the computer system of the calling device.

The following data is collected:

1. • Browser type and version used
   • The user's operating system
   • The IP address of the user
   • Date and time of access
   • Web pages from which the user’s system accessed our website

This data is stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Purpose of data processing

The temporary storage of the IP address by the system is necessary for the delivery of the website to the computer of the user. For this purpose, the user’s IP address must be kept for the duration of the session.

The storage in logfiles is done to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our IT systems. An analysis of the data for marketing purposes does not take place.

For the aforementioned purposes, our legitimate interest lies in the processing of data in compliance with Art. 6 para. 1 s. 1 lit. f GDPR.

3. Legal basis for data processing

The legal basis for the temporary storage of data and logfiles is Art. 6 para. 1 s. 1 lit. f GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The session is complete when the collection of data for the provision of the website is accomplished.

If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is not possible.

5. Objection and removal

The collection of data for the provision of the website as well as the storage of data in log files are essential for the operation of the website. Therefore, the user may not object to the aforementioned processes.

Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or the internet browser on the user’s computer system. If a user calls up a website, a cookie can be stored on the user’s operation system. These cookies contain a string of characters that allows the browser to be uniquely identified when the website is reopened.

We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be identified even after a page break.

The following data is stored and transmitted in the cookies:

1. • Log-in information

We also use cookies on our website, which enable us to analyse the browsing behaviour of our users.

As a result, the following data will be transmitted:

1. • Frequency of page views

The user data collected in this manner is pseudonymised by technical measures. It is therefore not possible to assign the data to the user accessing the site. The data is not stored together with other personal data of the users.

2. Purpose of data processing

The purpose of using technical cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. These require that the browser is recognised even after a page change.

We need cookies for the following applications:

1. • Saving login information

The user data collected by technical cookies are not used to create user profiles.

The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and thus can constantly optimise our offer.

3. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 s. 1 lit. a GDPR.

The legal basis for the processing of personal data using technical cookies is Art. 6 Para. 1 S. 1 lit. f GDPR.

4. Duration of storage and pos...