1 Data privacy statement
We thank you for the interest you have shown in our company. Data privacy is a particularly high priority for the management of Geistlich Pharma AG. In principle, the Geistlich Pharma AG website can be used without personal data having to be provided. However, if a data subject wishes to make use of particular services provided by our company via our website, it may become necessary for personal data to be processed. If the processing of personal data is necessary, and if there is no legal basis for processing personal data, we generally obtain consent from the data subject.
The processing of personal data (e.g. the name, address, email address or telephone number of a data subject) is always carried out in accordance with the General Data Protection Regulation (GDPR) and in accordance with the Swiss Data Protection Act, to which Geistlich Pharma AG is subject. With this data privacy statement, Geistlich Pharma AG wishes to inform the public concerning the nature, scope and purpose of the personal data which we collect, use and process. In addition, this data privacy statement provides data subjects with information concerning their rights.
As a “controller”, Geistlich Pharma AG has implemented numerous technical and organizational measures in order to ensure that personal data processed via this website are fully protected as far as possible. In spite of this, Internet-based transmission of data is generally subject to security gaps, so that no guarantee of absolute protection can be given. For this reason, all data subjects have the option of communicating their personal data to us in alternative ways, for example by telephone.
Geistlich Pharma AG stores all personal data in electronic form on servers located in Switzerland. Data are only disclosed abroad by Geistlich Pharma AG if this is necessary for the provision of a particular service and if the standard of data protection in the country in question is equivalent to that of Switzerland. If the data protection provisions are not equivalent, Geistlich Pharma AG concludes a “data processing agreement” with the provider of the services.
The provisions of this data privacy statement and of the Swiss Data Protection Act are applicable to the transmission of personal data within Geistlich Pharma AG, although Geistlich Pharma AG is not obliged to obtain consent for such transmission.
The data privacy statement of Geistlich Pharma AG is based on the definitions used by European legislators and regulators in the General Data Protection Regulation (GDPR). Our data privacy statement is intended to be easily read and understood by the public and also by our customers and business partners. In order to guarantee this, we would like first of all to explain the terms used.
The terms used in this data privacy statement include the following:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). A natural person is regarded as identifiable if he or she 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.
b) Data subject
A data subject is any identified or identifiable natural person whose personal data are processed by the controller.
Processing means 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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
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 analyze or predict that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymization means 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller means the natural or legal person, public authority, agency or other body, alone or jointly with others, that 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 the nomination of the controller may be provided for by Union or Member State law.
A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
A recipient is a natural or legal person, public authority, agency or other body to which 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.
j) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent of the data subject means 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.
3 Name and address of the controller
We are happy to receive queries, comments and requests regarding this data privacy statement and our processing of personal data.
Please mail our Data Protection Officer:
CL Compliance GmbH & Co. KG
4 Information you give us
This is information about you which you give us by:
§ completing forms on our website (or other forms which we ask you to complete);
§ handing over a business card (or similar); or
§ corresponding with us by telephone, post, email or otherwise.
Such information can for instance include your name, address, email address and telephone number, information about your business relationship with Geistlich Pharma AG, and information about your professional role, background and interests.
5 Other information
We can also collect some information from other sources, for example:
§ If we have a business relationship with the organization you represent, your colleagues and other business contacts can give us information about you, such as your contact details or details about your role in the business relationship.
§ Sometimes we collect information from third-party suppliers or publicly accessible sources for combating money laundering, carrying out background checks, and similar purposes in order to protect our business and to fulfil our statutory and regulatory obligations.
7 Recording of general data and information
Every time the website of Geistlich Pharma AG is accessed by a data subject or an automated system, a series of general data and information is recorded. These general data and information are stored in the server’s log files. The data that can be recorded are: (1) the browser types and versions used, (2) the operating system used by the system accessing our website, (3) the website from which an accessing system reaches our website (“referrer”), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time when the website is accessed, (6) an Internet Protocol address (IP address), (7) the Internet Service Provider of the accessing system and (8) other similar data and information which serve to avert danger in the event of attacks on our IT systems.
When using these general data and information, Geistlich Pharma AG does not draw any conclusions regarding the data subject. On the contrary, this information is needed in order to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for such content, (3) guarantee the permanent functioning capability of our IT systems and the technical aspects of our website and (4) in the event of a cyber attack, provide criminal prosecution authorities with the information necessary for criminal prosecution. These anonymously collected data and information are therefore statistically analyzed by Geistlich Pharma AG, on the one hand, and on the other hand are also evaluated with the aim of increasing data protection and data security within our company, ultimately in order to guarantee an optimal level of protection regarding the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
8 Contacting us via our website
On the basis of statutory requirements, the Geistlich Pharma AG website contains information which permits rapid electronic contact with our company and also direct communication with us, which also includes a general address by electronic mail (email address). If a data subject makes contact with the controller by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. The personal data which have been voluntarily transmitted to the controller by a data subject will be stored for the purposes of dealing with enquiries or making contact with the data subject. The personal data will not be passed on to third parties.
9 Registration on our website
The data subject has the possibility of registering on the controller’s website, for which he or she will need to provide personal data. The personal data that are transmitted to the controller are indicated on the input screen which is used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for own purposes. The controller can authorize the passing on of the data to one or more processors, for example a package delivery service, which similarly uses the personal data exclusively for internal use in the execution of tasks for the controller.
As a result of the data subject registering on the controller’s website, the IP address allocated to the data subject by the Internet Service Provider (ISP), and the date and time of registration are also stored. The background reason for storing the data is that we need to do this in order to prevent misuse of our services, and that if necessary the data can be used in the investigation of criminal acts. To that extent the storage of such data is necessary to protect the controller. In principle we do not pass on such data to third parties, unless we have a statutory duty to do so, or it is necessary to do so for the purposes of a criminal investigation.
The registration of the data subject by voluntary provision of personal data enables the controller to offer the data subject content and services which by their nature can only be offered to registered users. Registered persons have the possibility, at any time, of altering the personal data they have provided in the course of registration, or having the data entirely erased from the controller’s database.
The controller will at any time on request provide any data subject with information concerning what personal data are stored regarding him or her. In addition the controller will rectify or erase personal data at the request or instruction of the data subject, unless any statutory duties of preservation require the controller not to do this. Any employee of the controller can be contacted by the data subject on this matter.
10 Comments function on the website blog
On a blog on the controller’s website, Geistlich Pharma AG offers users the possibility of leaving individual comments on blog contributions. A blog is a portal on a website, publicly visible in most cases, in which one or more persons, who are referred to as bloggers or web bloggers, can post articles or set down their thoughts in “blog posts”. Usually, blog posts can be commented on by third parties.
If a data subject leaves a comment on a blog published on our website, in addition to the comments left by the data subject, information on the date and time of posting and the user name selected by the data subject (his or her pseudonym) are stored and published. Such data are not passed on to third parties, unless a corresponding statutory duty applies, or this is necessary for the legal defense of the controller.
11 Use of Google Analytics
12 Use of social plugins
Plugins of social networks, which are operated exclusively by Facebook, Xing, LinkedIn and Instagram, are identifiable by the logo of the respective social network. When a user visits a website in which one or more of these plugins is integrated, the browser sets up a direct connection with the servers of the social networks. The button is transmitted by the social networks directly to the browser and integrated into the website by the browser. Through the integration of the button, the social networks receive information that the website in question has been visited. If the user is logged into the social networks at the time he is visiting the website, the social networks are able to assign the visit to the user’s account. If the user clicks on the button, the corresponding information is transmitted by the browser directly to the social network and stored there. The purpose and scope of such data collection and the further processing and use of the data by the social networks, as well as the user’s rights in this regard and the setting options for the protection of the user’s private sphere, are set out in the data protection provisions of the social platforms. The user can prevent the social networks collecting data about the websites he has visited by logging off before visiting the websites.
13 Rights of the data subject
If you would like to exercise any of the following rights, please contact us using the information provided in section 3.
You can also address any complaints concerning our processing of your personal data to
Die Bundesbeauftragte für den Datenschutz und die Informationsfreiheit
Tel. +49 228 997799 0; +49 228 81995 0
Fax +49 228 997799 550; +49 228 81995 550
a) Right to confirmation
Each data subject has the right, accorded by the European legislators and regulators, to demand confirmation from the controller as to whether personal data relating to him or her are being processed. Any data subject wishing to make use of this right to confirmation can contact an employee of the controller at any time.
b) Right of access
Each data subject has the right, accorded by the European legislators and regulators, to receive free of charge at any time information concerning the personal data stored concerning him or her, and a copy of this information. In addition the European legislators and regulators have granted the data subject access to the following information:
§ the purposes of the processing
§ the categories of personal data that are being processed
§ the recipients or categories of recipients to whom the personal data have been disclosed or will be disclosed, in particular recipients in third countries or international organizations
§ where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
§ 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
§ the right to lodge a complaint with a supervisory authority
§ where the personal data are not collected from the data subject, any available information as to their source
§ the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
§ In addition the data subject has a right to be informed as to whether personal data have been transmitted to a third country or an international organization. If this is the case, the data subject also has the right to be informed of the appropriate safeguards in connection with the transmission of the data.
Any data subject wishing to make use of this right of access can contact an employee of the controller at any time.
c) Right to rectification
Each data subject has the right, accorded by the European legislators and regulators, to demand the immediate rectification of inaccurate personal data concerning him or her. In addition, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Any data subject wishing to make use of this right to rectification can contact an employee of the controller at any time.
d) Right to erasure (“right to be forgotten”)
Each data subject has the right, accorded by the European legislators and regulators, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and the processing of the data is not necessary:
§ The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
§ The data subject withdraws consent on which the processing was based pursuant to Art. 6 (1) a) GDPR or Art. 9 (2) a) GDPR, and there is no other legal ground for the processing.
§ The data subject objects to the processing pursuant to Art. 21 (1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
§ The personal data have been unlawfully processed.
§ The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
§ The personal data have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.
§ If one of the above reasons applies and a data subject would like to authorize the erasure of personal data stored by Geistlich Pharma AG, the data subject can contact an employee of the controller at any time. The Geistlich Pharma AG employee will authorize the execution of the erasure request without delay.
If the personal data have been published by Geistlich Pharma AG, and if our company as the controller pursuant to Art. 17 (1) GDPR is obliged to erase the personal data, Geistlich Pharma AG will (taking account of available technology and the cost of implementation) take reasonable steps, including technical measures, to inform other controllers which are processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, provided the processing of the data is not necessary. The Geistlich Pharma AG employee will have the necessary action in the individual case carried out.
e) Right to restriction of processing
Each data subject has the right, accorded by the European legislators and regulators, to demand that the controller restrict processing if any of the following preconditions applies:
§ The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
§ The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
§ 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 defense of legal claims.
§ The data subject has objected to the processing pursuant to Art. 21 (1) GDPR and it has not yet been verified whether the legitimate grounds of the controller override those of the data subject.
§ If any of the above preconditions is fulfilled and a data subject wishes to obtain the restriction of personal data which are stored by Geistlich Pharma AG, he or she can contact an employee of the controller at any time. The Geistlich Pharma AG employee will authorize the restriction of processing
f) Right to data portability
Each data subject has the right, accorded by the European legislators and regulators, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. The data subject also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, if the processing is based on consent pursuant to Art. 6 (1) a) GDPR or Art. 9 (2) a) GDPR or on a contract pursuant to Art. 6 (1) b) GDPR and the processing is carried out by automated means, provided 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.
In addition, in exercising his or her right to data portability pursuant to Art. 20 (1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible, and this does not adversely affect the rights and freedoms of others.
To assert his or her right to data portability, the data subject can contact an employee of Geistlich Pharma AG at any time.
g) Right to object
Each data subject has the right, accorded by the European legislators and regulators, to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her which is based on Art. 6 (1) e) or f) GDPR, including profiling based on those provisions.
In the event of an objection Geistlich Pharma AG will no longer process the personal data 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 defense of legal claims.
If Geistlich Pharma AG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data for such marketing, and also to profiling to the extent that it is related to such direct marketing. If the data subject issues an objection to Geistlich Pharma AG concerning processing for direct marketing purposes, Geistlich Pharma AG will no longer process the personal data for such purposes.
In addition the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out Geistlich Pharma AG for scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject can directly contact any employee of Geistlich Pharma AG or another employee. In addition the data subject has the option, in connection with the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.
h) Automated individual decision-making including profiling
Each data subject has the right, accorded by the European legislators and regulators, 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, provided the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and a controller, or (2) is not authorized 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 express consent.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and a controller, or (2) is based on the data subject’s express consent, Geistlich Pharma AG will take 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 to contest the decision. If the data subject wishes to assert rights in regard to automated decisions, he or she can contact an employee of the controller at any time.
i) Right to withdraw consent
Each data subject has the right, accorded by the European legislators and regulators, at any time to withdraw his or her consent to the processing of personal data.
If the data subject wishes to assert his or her right to withdraw consent, he or she can contact an employee of the controller at any time.
14 Data privacy in the context of recruitment and recruitment processes
The controller collects and processes the personal data of job applicants for the purpose of carrying out the application process. The processing of the data can also be carried out by electronic means. This is in particular the case if an applicant transmits corresponding application documents to the controller electronically, for example by email or on a web form to be found on the website. If the controller concludes an employment contract with an applicant, the data transmitted are stored for the purpose of the management of the employment relationship, subject to observance of the statutory regulations. If an employment contract is not concluded with the applicant by the controller, the application documents are automatically deleted two months after the rejection decision has been made known, unless any other legitimate interests of the controller represent an obstacle to deletion.
15 Legal basis of the processing of personal data
Art. 6 I a) GDPR is used by our company as the legal basis for data processing operations for which we obtain consent for a particular processing purpose. If the processing of personal data is necessary for the performance of a contract in which the contracting party is the data subject (as is the case for example with processing operations which are necessary for the delivery of goods or the provision of another service or consideration), the processing of the personal data in question is based on Art. 6 I b) GDPR. The same applies in regard to processing operations which are necessary for pre-contractual measures, for example in the event of queries relating to our products or services. If our company is subject to a legal obligation which necessitates the processing of personal data, for example for the performance of tax-related duties, the processing of the data is based on Art. 6 I c) GDPR. In rare cases the processing of personal data may become necessary in order to protect vital interests of the data subject or another natural person. For example, this would apply in the event of any injury to a visitor to our premises, in which case his or her name, age, health insurance details and other vital information would then have to be passed on to a doctor or a hospital or other third party. The processing of the data would then be based on Art. 6 I d) GDPR. Finally, processing operations could be based on Art. 6 I f) GDPR. This is the legal basis for processing operations which are not covered by any of the above legal bases, where the processing is necessary to safeguard the legitimate interests of our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. In particular, we are permitted to carry out such processing operations because they have been specifically mentioned by the European legislators, who have taken the view that a legitimate interest can be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
16 Legitimate interests pursued by the controller or a third party
Where the processing of personal data is based on Article 6 I f) GDPR, our legitimate interest is the execution of our business activity, for the benefit of all of our employees and our shareholders.
17 Statutory or contractual requirements for the provision of personal data; necessity for the purpose of the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of not providing personal data
We would inform you that in some cases the provision of personal data is required by law (e.g. by tax regulations) or can arise from contractual regulations (e.g. information concerning the contracting partner). Sometimes it may be necessary, for the conclusion of a contract, for a data subject to provide us with personal data which will subsequently have to be processed by us. For example, the data subject must provide us with personal data if our company is concluding a contract with him or her. The consequence of not providing personal data would be that no contract could be concluded with the data subject. Prior to any provision of personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject, on the basis of the individual case, whether the provision of the personal data is a statutory or contractual requirement, or is necessary for the conclusion of the contract, and whether there is any obligation to provide the personal data, and what the consequences of not providing the personal data would be.
18 Existence of an automated decision-making process
As a company with an awareness of its responsibilities, Geistlich Pharma AG does not undertake any automated decision-making or profiling.