PRIVACY POLICY AND DATA PROTECTION DECLARATION

Privacy policy of MP MEDICAL PARTNER AG

1. what is this privacy policy about?

MP MEDICAL PARTNER AG (hereinafter also referred to as "we", "us") obtains and processes personal data concerning you or other persons (so-called "third parties"). We use the term "data" here synonymously with "personal data" or "personal information".

In this privacy policy, we describe what we do with your data when you www.medicalpartner.ch (hereinafter "Website"), purchase our services or products, otherwise engage with us under a contract, communicate with us or otherwise deal with us. Where appropriate, we will provide you with timely written notice of additional processing activities not mentioned in this Privacy Policy. In addition, we may inform you separately about the processing of your data, e.g. in declarations of consent, contractual terms, additional data protection declarations, forms and notices.

If you transmit or disclose data about other persons, such as work colleagues, family members, etc., we assume that you are authorized to do so and that this data is correct. By transmitting data about third parties, you confirm this. Please also ensure that these third parties have been informed about this data protection declaration.

This Privacy Policy is designed to meet the requirements of the EU General Data Protection Regulation ("GDPR"), the Swiss Data Protection Act ("DPA") and the revised Swiss Data Protection Act ("revDSG"). However, whether and to what extent these laws are applicable depends on the individual case.

2 Who is responsible for processing your data?

MP MEDICAL PARTNER AG, Am Rosenberg 2, 9410 Heiden, is responsible under data protection law for the data processing of MP MEDICAL PARTNER AG described in this data protection declaration, unless otherwise communicated in individual cases.

You can contact us as follows for your data protection concerns and to exercise your rights in accordance with section 11:

MP MEDICAL PARTNER AG
Ms. Nathalie Aebli
Am Rosenberg 2
CH-9410 Heiden
datenschutz@medicalpartner.ch

3 What data do we process?

We process various categories of data about you. The most important categories are as follows:

  • Technical dataWhen you use our website or other electronic services (e.g. free Wi-Fi), we collect the IP address of your end device and other technical data to ensure the functionality and security of these services. This data also includes logs in which the use of our systems is recorded. We generally store technical data for 6 months. To ensure the functionality of these offers, we can also assign you or your end device an individual code (e.g. in the form of a cookie, see section 12). The technical data itself does not allow any conclusions to be drawn about your identity. However, in the context of user accounts, registrations, access controls or the processing of contracts, they can be linked to other data categories (and thus possibly to your person).
  • Registration dataCertain offers, e.g. competitions and services (e.g. login areas of our website, newsletter dispatch, free WLAN access, etc.) can only be used with a user account or registration, which can be done directly with us or via our external login service providers. In doing so, you must provide us with certain data and we collect data about the use of the offer or the If you redeem an MP MEDCIAL PARTNER AG voucher with us, we may require certain data from you when you redeem it.
  • Registration data includes the information you provide when you create an account on our website (e.g. user name, password, name, e-mail address). However, registration data also includes the data that we may require from you before you can make use of certain free services, such as our WLAN service, in this case: name, e-mail and telephone number; or the redemption of vouchers, in this case: name, address, contact details, time of redemption. You must also register if you wish to subscribe to our newsletter.
  • Communication dataIf you contact us via the contact form, by e-mail, telephone or chat, by letter or other means of communication, we collect the data exchanged between you and us, including your contact details and the marginal data of the communication. If we record or listen in on telephone conversations or video conferences, e.g. for training and quality assurance purposes, we will make you aware of this. Such recordings may only be made and used in accordance with our internal guidelines. You will be informed if and when such recordings take place, e.g. by a display during the relevant video conference. If you do not wish to be recorded, please let us know or end your participation. If you simply do not wish your image to be recorded, please switch off your camera. If we want or need to establish your identity, e.g. if you request information, we will collect data to identify you (e.g. a copy of your ID). As a rule, we store this data for 12 months from the last exchange with you. This period may be longer if this is necessary for reasons of proof or to comply with legal or contractual requirements or for technical reasons. E-mails in personal mailboxes and written correspondence are generally stored for at least 10 years. Recordings of (video) conferences are generally stored for 12 months. Chats are generally stored for 12 months.
  • Master dataMaster data is the basic data that we require in addition to the contract data (see below) for the processing of our contractual and other business relationships or for marketing and advertising purposes, such as name, contact details and information, e.g. about your role and function, your bank account(s), your date of birth, customer history, powers of attorney, signature authorizations and declarations of consent. We process your master data if you are a customer or other business contact or work for one (e.g. as a contact person of the business partner), or because we want to contact you for our own purposes or the purposes of a contractual partner (e.g. as part of marketing and advertising, with invitations to events, with vouchers, with newsletters, etc.). We receive master data from you (e.g. when you make a purchase or register), from bodies for which you work or from third parties such as our contractual partners, associations and address dealers and from publicly accessible sources such as public registers or the internet (websites, social media). We may also process health data and information about third parties as part of master data. We generally store this data for 10 years from the last exchange with you, but at least from the end of the contract. This period may be longer if this is necessary for reasons of proof or to comply with legal or contractual requirements or for technical reasons. In the case of pure marketing and advertising contacts, the period is normally much shorter, usually no more than 2 years from the last contact.
  • Contract dataThis is data that arises in connection with the conclusion or processing of a contract, e.g. information on contracts and the services to be provided or provided, as well as data from the run-up to the conclusion of a contract, the information required or used for processing and information on reactions (e.g. complaints or information on satisfaction, etc.). This also includes health data and information about third parties. We generally collect this data from you, from contractual partners and from third parties involved in the execution of the contract, but also from third-party sources (e.g. providers of creditworthiness data) and from publicly accessible sources. As a rule, we store this data for 10 years from the last contractual activity, but at least from the end of the contract. This period may be longer if this is necessary for reasons of proof or to comply with legal or contractual requirements or for technical reasons.
  • Behavioral and preference dataDepending on the relationship we have with you, we try to get to know you and better tailor our products, services and offers to you. To do this, we collect and use data about your behavior and preferences. We do this by evaluating information about your behavior in our area, and we may also supplement this information with information from third parties, including from publicly accessible sources. Based on this, we can, for example, calculate the probability that you will use certain services or behave in a certain way. Some of the data processed for this purpose is already known to us (e.g. when you use our services), or we obtain this data by recording your behavior (e.g. how you navigate our website). We anonymize or delete this data when it is no longer relevant for the purposes pursued, which can be between 2-3 weeks and 24 months (for product and service preferences), depending on the type of data. This period may be longer if this is necessary for reasons of proof or to comply with legal or contractual requirements or for technical reasons. We describe how tracking works on our website in section 12.
  • Other dataWe also collect data from you in other situations. In connection with official or judicial proceedings, for example, data is collected (such as files, evidence, etc.) that may also relate to you. We may also collect data for health protection reasons (e.g. as part of protection concepts). We may receive or produce photos, videos and audio recordings in which you may be recognizable (e.g. at events, through security cameras, etc.). We may also collect data about who enters certain buildings or has access rights to them and when (including access controls, based on registration data or visitor lists, etc.), who takes part in events or campaigns (e.g. competitions) and when, or who uses our infrastructure and systems and when. The retention period for this data depends on the purpose and is limited to what is necessary. This ranges from a few days for many of the security cameras and usually a few weeks for contact tracing data to visitor data, which is usually stored for 3 months, to reports on events with images, which can be stored for several years or longer.

You provide us with much of the data mentioned in this Section 3 yourself (e.g. via forms, in the context of communication with us, in connection with contracts, when using the website, etc.). You are not obliged to do so, subject to individual cases, e.g. in the context of binding protection concepts (legal obligations). If you wish to conclude contracts with us or make use of services, you must also provide us with data as part of your contractual obligation in accordance with the relevant contract, in particular master data, contract data and registration data. When using our website, the processing of technical data is unavoidable. If you wish to gain access to certain systems or buildings, you must provide us with registration data.

Insofar as this is not prohibited, we also obtain data from publicly accessible sources (e.g. debt collection registers, commercial registers, media or the Internet, including social media) or receive data from authorities and other third parties (e.g. credit agencies, address dealers, associations, contractual partners, Internet analysis services, etc.).

4 For what purposes do we process your data?

We process your data for the purposes explained below. Further information for the online area can be found in sections 12 and 13. These purposes and the underlying objectives represent legitimate interests on our part and, where applicable, on the part of third parties. You will find further information on the legal basis of our processing in Section 5.

We process your data for purposes in connection with communication with you, in particular to respond to inquiries and assert your rights (section 11) and to contact you in the event of queries. In particular, we use communication data and master data for this purpose and, in connection with offers and services used by you, also registration data. We retain this data in order to document our communication with you, for training purposes, for quality assurance and for follow-up questions.

We process data for the initiation, administration and processing of contractual relationships.

We process data for marketing purposes and to maintain relationships, e.g. to send our customers and other contractual partners personalized advertising about our products and services and those of third parties (e.g. advertising contract partners). This may, for example, take the form of newsletters and other regular contacts (electronically, by post, by telephone), via other channels for which we have contact information from you, but also as part of individual marketing campaigns (e.g. events, competitions, etc.) and may also include free services (e.g. invitations, vouchers, etc.). You can refuse such contacts at any time (see the end of this section 4) or refuse or revoke your consent to being contacted for advertising purposes. With your consent, we can target our online advertising on the Internet more specifically to you (see section 12).

We also process your data for market research, to improve our services and operations and for product development.

We process personal data to comply with laws, instructions and recommendations from authorities and internal regulations ("compliance").

We also process data for the purposes of our risk management and in the context of prudent corporate governance, including business organization and corporate development.

We may process your data for other purposes, e.g. as part of our internal processes and administration or for training and quality assurance purposes.

5 On what basis do we process your data?

If we ask for your consent for certain processing (e.g. for the processing of particularly sensitive personal data, for marketing mailings, for the creation of personalized movement profiles and for advertising control and behavior analysis on the website), we will inform you separately about the corresponding purposes of the processing. You can revoke your consent at any time with effect for the future by sending us written notification (by post) or, unless otherwise stated or agreed, by email; our contact details can be found in Section 2. For the revocation of your consent to online tracking, see Section 12. If you have a user account, you can also revoke your consent or contact us via the relevant website or other service. Once we have received notification of the withdrawal of your consent, we will no longer process your data for the purposes to which you originally consented, unless we have another legal basis for doing so. The withdrawal of your consent does not affect the lawfulness of processing based on consent before its withdrawal.

Where we do not ask for your consent for processing, we base the processing of your personal data on the fact that the processing is necessary for the initiation or execution of a contract with you (or the entity you represent) or that we or third parties have a legitimate interest in it, in particular to pursue the purposes and associated objectives described above under section 4 and to be able to carry out corresponding measures. Our legitimate interests also include compliance with statutory provisions, insofar as this is not already recognized as a legal basis by the applicable data protection law (e.g. in the case of the GDPR, the law in the EEA and Switzerland). However, this also includes the marketing of our products and services, the interest in better understanding our markets and managing and further developing our company, including its operations, securely and efficiently.

If we receive sensitive data (e.g. health data, information on political, religious or ideological views or biometric data for identification purposes), we may also process your data on the basis of other legal grounds, e.g. in the event of disputes due to the necessity of processing for any legal proceedings or the enforcement of or defense against legal claims. In individual cases, other legal grounds may apply, which we will communicate to you separately if necessary.

6 What applies to profiling and automated individual decisions?

We may automatically evaluate certain of your personal characteristics for the purposes stated in Section 4 using your data (Section 3) ("profiling") if we want to determine preference data, but also to determine abuse and security risks, carry out statistical evaluations or for operational planning purposes. For the same purposes, we can also create profiles, i.e. we can combine behavioral and preference data, but also master and contract data and technical data assigned to you in order to better understand you as a person with your different interests and other characteristics.

In both cases, we pay attention to the proportionality and reliability of the results and take measures to prevent misuse of these profiles or profiling. If these can have legal consequences or significant disadvantages for you, we always provide for a manual review.

In certain situations, for reasons of efficiency and consistency of decision-making processes, it may be necessary for us to automate the relevant discretionary decisions with legal effects or potentially significant disadvantages ("automated individual decisions"). In this case, we will inform you accordingly and take the measures required by applicable law.

An example of an automated individual decision is the automatic acceptance of an order by an online store. Pure if-then decisions are not meant (e.g. if the computer allows you to access your user account after checking your password), but discretionary decisions (e.g. the decision to conclude a contract). We will inform you on a case-by-case basis if an automated decision leads to negative legal consequences or a comparable significant impairment for you. If you do not agree with the result of such a decision, you will be able to communicate with a person who will review the decision.

7 To whom do we disclose your data?

In connection with our contracts, the website, our services and products, our legal obligations or otherwise to protect our legitimate interests and the other purposes listed in section 4, we also transfer your personal data to third parties, in particular to the following categories of recipients:

  • Service providersWe work with service providers in Switzerland and abroad who process data about you on our behalf or under joint responsibility with us or who receive data about you from us under their own responsibility (e.g. IT providers, mail order companies, advertising service providers, login service providers, banks, insurance companies, debt collection companies or address verifiers). This may also include health data. For the service providers used for the website, see section 12. Our central IT service provider is Microsoft.
  • Contractual partners including customers: This initially refers to our customers and other contractual partners, as this data transfer arises from these contracts. If you work for such a contractual partner yourself, we may also transfer data about you to them in this context. This may also include health data. Recipients also include contractual partners with whom we cooperate or who advertise for us and to whom we therefore transmit data about you for analysis and marketing purposes (these may in turn be service recipients, but also sponsors and providers of online advertising, for example). We require these partners to only send you advertising or display it based on your data if you have consented to this (for the online area, see section 12).
  • AuthoritiesWe may disclose personal data to offices, courts and other authorities in Switzerland and abroad if we are legally obliged or entitled to do so or if this appears necessary to protect our interests. This may also include health data. The authorities process data about you that they receive from us under their own responsibility.
  • Other personsThis refers to other cases where the involvement of third parties arises from the purposes set out in section 4, e.g. recipients of services, media and associations in which we participate or if you are part of one of our publications.

All these categories of recipients may in turn involve third parties, so that your data may also become accessible to them. We can restrict processing by certain third parties (e.g. IT providers), but not by other third parties (e.g. authorities, banks, etc.).

We reserve the right to disclose this data even if it concerns confidential data (unless we have expressly agreed with you that we will not disclose this data to certain third parties, unless we are legally obliged to do so). Irrespective of this, your data will continue to be subject to appropriate data protection even after disclosure in Switzerland and the rest of Europe. The provisions of Section 8 apply to disclosure to other countries. If you do not wish certain data to be disclosed, please let us know so that we can check whether and to what extent we can accommodate you (Section 2).

We also allow certain third parties to collect personal data from you on our website and at our events (e.g. media photographers, providers of tools that we have integrated on our website, etc.). Insofar as we are not decisively involved in this data collection, these third parties are solely responsible for it. If you have any concerns and wish to assert your data protection rights, please contact these third parties directly. See section 12 for the website.

8. will your personal data also be transferred abroad?

As explained in section 7, we also disclose data to other bodies. These are not only located in Switzerland. Your data can therefore be processed both in Europe and in the USA; in exceptional cases, however, in any country in the world.

If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection law (we use the revised standard contractual clauses of the European Commission, which can be found here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exemption clause. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.

Please also note that data exchanged via the Internet is often routed via third countries. Your data may therefore be sent abroad even if the sender and recipient are located in the same country.

9 How long do we process your data?

We process your data for as long as our processing purposes, the statutory retention periods and our legitimate interests in processing for documentation and evidence purposes require or storage is technically necessary. Further information on the respective storage and processing periods can be found for the individual data categories in section 3 or for the cookie categories in section 12. If there are no legal or contractual obligations to the contrary, we will delete or anonymize your data after the storage or processing period has expired as part of our normal processes.

Documentation and evidence purposes include our interest in documenting processes, interactions and other facts in the event of legal claims, discrepancies, IT and infrastructure security purposes and proof of good corporate governance and compliance. Retention may be for technical reasons if certain data cannot be separated from other data and we therefore need to retain it with the other data (e.g. in the case of backups or document management systems).

10 How do we protect your data?

We take appropriate security measures to protect the confidentiality, integrity and availability of your personal data, to protect it against unauthorized or unlawful processing and to counteract the risks of loss, unintentional alteration, unwanted disclosure or unauthorized access.

Security measures of a technical and organizational nature may include, for example, measures such as the encryption and pseudonymization of data, logging, access restrictions, the storage of backup copies, instructions to our employees, confidentiality agreements and controls. We protect your data transmitted via our website in transit using suitable encryption mechanisms. However, we can only secure areas that we control. We also oblige our contract processors to take appropriate security measures. However, it is generally not possible to completely rule out security risks; residual risks are unavoidable.

11 What rights do you have?

Under certain circumstances, the applicable data protection law grants you the right to object to the processing of your data, in particular for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing.

To make it easier for you to control the processing of your personal data, you also have the following rights in connection with our data processing, depending on the applicable data protection law:

  • The right to request information from us as to whether we are processing your data and, if so, which data;
  • the right to have us correct data if it is incorrect;
  • the right to request the deletion of data;
  • the right to request that we hand over certain personal data in a commonly used electronic format or transfer it to another controller;
  • the right to withdraw consent where our processing is based on your consent;
  • the right to request further information necessary for the exercise of these rights;
  • the right to express your point of view in the case of automated individual decisions (Section 6) and to request that the decision be reviewed by a natural person.

If you wish to exercise the above rights against usplease contact us in writing, at our premises or, unless otherwise stated or agreed, by e-mail; our contact details can be found in section 2. In order to rule out misuse, we must identify you (e.g. with a copy of your ID, if this is not otherwise possible).

You also have these rights vis-à-vis other bodies that work with us on their own responsibility - please contact them directly if you wish to exercise rights in connection with their processing. You will find details of our key cooperation partners and service providers in section 7, and further details in section 12.

Please note that these rights are subject to conditions, exceptions or restrictions under the applicable data protection law (e.g. to protect third parties or business secrets). We will inform you accordingly if necessary.

If you do not agree with our handling of your rights or data protection, please let us know (Section 2). In particular, if you are located in the EEA, the United Kingdom or Switzerland, you also have the right to lodge a complaint with the data protection supervisory authority in your country. A list of authorities in the EEA can be found here: https://edpb.europa.eu/about-edpb/board/members_de. You can contact the UK supervisory authority here: https://ico.org.uk/global/contact-us/. You can contact the Swiss supervisory authority here: https://www.edoeb.admin.ch/edoeb/de/home/der-edoeb/kontakt/adresse.html.

12. do we use online tracking and online advertising techniques?

We use various technologies on our website with which we and third parties engaged by us can recognize you when you use our website and, under certain circumstances, track you over several visits. We will inform you about this in this section.

In essence, this is so that we can distinguish your access (via your system) from access by other users so that we can ensure the functionality of the website and carry out evaluations and personalization. We do not want to draw conclusions about your identity, even if we can, insofar as we or third parties engaged by us can identify you by combining this with registration data. Even without registration data, however, the technologies used are designed in such a way that you are recognized as an individual visitor each time you visit the site, for example by our server (or the servers of third parties) assigning you or your browser a specific identification number (so-called "cookie").

We use such technologies on our website and allow certain third parties to do the same. You can program your browser to block or deceive certain cookies or alternative technologies or to delete existing cookies. You can also add software to your browser that blocks tracking by certain third parties. You can find more information about this on the help pages of your browser (usually under the heading "Data protection") or on the websites of the third parties listed below.

A distinction is made between the following cookies (technologies with similar functions such as fingerprinting are also included here):

  • Necessary cookiesSome cookies are necessary for the functioning of the website as such or for certain functions. They ensure, for example, that you can switch between pages without losing the information entered in a form. They also ensure that you remain logged in. These cookies are only temporary ("session cookies"). If you block them, the website may not work. Other cookies are necessary so that the server can save decisions or entries made by you beyond a session (i.e. a visit to the website) if you use this function (e.g. selected language, consent given, function for automatic log-in, etc.). These cookies have an expiry date of up to 24 months.
  • Performance cookiesIn order to optimize our website and corresponding offers and to better tailor them to the needs of users, we use cookies to record and analyze the use of our website, possibly even beyond the session. We do this through the use of third-party analysis services. We have listed these below. Performance cookies also have an expiry date of up to 24 months. Details can be found on the websites of the third-party providers.
  • Marketing cookiesWe and our advertising partners have an interest in targeting advertising to specific groups, i.e. only displaying it to those we wish to address. For this purpose, we and our advertising contract partners - if you consent - also use cookies with which the content accessed or contracts concluded can be recorded. This enables us and our advertising contract partners to display advertising that we can assume will be of interest to you on our website, but also on other websites that display advertising from us or our advertising contract partners. Depending on the situation, these cookies expire after a few days or up to 12 months. If you consent to the use of these cookies, you will be shown appropriate advertising. If you do not consent to these cookies, you will not see less advertising, but simply any other advertising.

In addition to marketing cookies, we use other techniques to control online advertising on other websites and thereby reduce wastage. For example, we can transmit the email addresses of our users, customers and other people to whom we want to display advertising to operators of advertising platforms (e.g. social media). If these people are registered there with the same email address (which the advertising platforms determine by means of a comparison), the operators will display the advertising we have placed to these people in a targeted manner. The operators do not receive personal email addresses of people who are not already known. In the case of known e-mail addresses, however, they learn that these people are in contact with us and what content they have accessed.

We may also integrate other third-party offers on our website, in particular from social media providers. These offers are deactivated by default. As soon as you activate them (e.g. by clicking a button), the relevant providers can determine that you are on our website. If you have an account with the social media provider, they can assign this information to you and thus track your use of online services. These social media providers process this data on their own responsibility.

We currently use offers from the following service providers and advertising contract partners (insofar as they use data from you or cookies set by you for advertising purposes):

  • Google AnalyticsGoogle Ireland (based in Ireland) is the provider of the "Google Analytics" service and acts as our Google Ireland relies on Google LLC (based in the USA) as its processor (both "Google"). Google uses performance cookies (see above) to track the behavior of visitors to our website (duration, frequency of pages accessed, geographical origin of access, etc.) and compiles reports for us on the use of our website on this basis. We have configured the service so that the IP addresses of visitors are truncated by Google in Europe before being forwarded to the USA and therefore cannot be traced. We have switched off the "Data sharing" and "Signals" settings. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the Google accounts of these persons. If you agree to the use of Google Analytics, you explicitly consent to such processing, which also includes the transfer of personal data (in particular usage data for the website and app, device information and individual IDs) to the USA and other countries. You can find information on data protection from Google Analytics here https://support.google.com/analytics/answer/6004245 and if you have a Google account, you can find further information on processing by Google here https://policies.google.com/technologies/partner-sites?hl=de.

13 What data do we process on our pages in social networks?

We may operate pages and other online presences ("fan pages", "channels", "profiles", etc.) on social networks and other platforms operated by third parties and collect the data about you described in section 3 and below. We receive this data from you and the platforms when you come into contact with us via our online presence (e.g. when you communicate with us, comment on our content or visit our presence). At the same time, the platforms evaluate your use of our online presence and link this data with other data about you known to the platforms (e.g. about your behavior and preferences). They also process this data for their own purposes under their own responsibility, in particular for marketing and market research purposes (e.g. to personalize advertising) and to control their platforms (e.g. what content they show you).

We process this data for the purposes described in section 4, in particular for communication, marketing purposes (including advertising on these platforms, see section 12) and market research. You will find information on the relevant legal bases in section 5. We may redistribute content published by you (e.g. comments on an announcement) ourselves (e.g. in our advertising on the platform or elsewhere). We or the operators of the platforms may also delete or restrict content from or about you in accordance with the usage guidelines (e.g. inappropriate comments).

14. can this privacy policy be changed?

This Privacy Policy is not part of any contract with you. We may amend this Privacy Policy at any time. The version published on this website is the current version.

Last update: 15.08.2023