1. Who is responsible for your personal data?
2. What law is applicable?
As the products and services we offer are aimed at a specific geographical location, we assume that Swiss law is primarily applicable to our data processing activities. The Swiss Federal Act on Data Protection (FADP, SR 235.1) and the associated Ordinance (SR 235.11) are particularly relevant.
3. What personal data do we process, for what purpose and on what basis?
3.1 If you visit our website (without booking an appointment)
Where we process personal data, we do so based on our interest in making the website available, providing you with the best possible user experience and further developing and marketing our products and services.
3.2 If you are interested in or if you use or order our services and products
When you make an appointment, enquire about our products and services, visit us for a suitability consultation or order a treatment plan or braces (hereinafter referred to as ‘aligners’), we collect your contact details and other relevant personal data that you provide us with on those occasions.
We process this personal data to prepare, conclude and fulfil the treatment contract with you, to comply with legal obligations (e.g. retention obligation for accounting records in accordance with Art. 958f of the Swiss Code of Obligations) and based on our interest in communicating with you about our products and services, improving our products and services and optimising your customer experience.
In connection with the treatment, we collect certain health data from you (e.g. previous and current dental diseases, implants or crowns inserted, health condition, medication). Health data is sensitive personal data that is particularly worthy of protection under data protection law. We therefore ask you for your explicit consent before we collect this data.
We may send you marketing information (e.g. via a newsletter) based on our interest in informing individuals interested in our products and services of what we offer and new developments. You have the option of opting out of receiving such information at any time.
3.3 Automatic decisions
We do not use automatic decision-making and profiling techniques.
4. In what cases and how do we disclose your personal data to third parties?
We may need to disclose your personal data to third parties to fulfil the contract, to safeguard our interests or to comply with legal regulations. Such third parties include, for example, the aligner manufacturer, our IT service providers and third-party providers operating in the fields of payment transactions, billing, collection, consulting, sales and marketing.
If we transfer your personal data to organisations outside of Switzerland, the EU and the EEA, we comply with the provisions set down in the FADP and the GDPR concerning international data transfer, e.g. by selecting service providers who are subject to the US–Swiss and the EU–Swiss Privacy Shield.
5. Data security
We use technical and organisational security measures to protect your personal data against accidental, unlawful or unauthorised manipulation, erasure, alteration, access, disclosure, use or loss.
6. How long do we keep your personal data for?
We only store your personal data for as long as and to the extent necessary for the purposes described or on legal grounds.
Data in connection with treatments (patient files) is kept for 20 years on legal grounds.
7. What rights do you have in connection with your personal data?
You have the following rights in connection with your personal data:
- Right of access
- Right to rectification
- Right to erasure
- Right to restriction of processing
- Right to data portability
- Right to object.
We explicitly grant these rights set down in the GDPR to our Swiss customers and website visitors, unless they are already entitled to analogous rights under the FADP.
Please note that these rights are subject to exceptions. In particular, we may be obligated to process your personal data to fulfil a contract with you, to protect our own legitimate interests such as asserting, exercising or defending legal claims, or to comply with legal obligations. In such cases, we can or must therefore refuse certain requests or comply with them only to a limited extent.
8. Links to other websites
Our website contains links to third-party websites that are not operated or controlled by us. We are not responsible for whether and how these third parties comply with data protection laws.
9. Right to lodge complaints
If you are not satisfied with the manner in which we process your personal data, you have the right to complain to the Federal Data Protection and Information Commissioner (FDPIC) or to your responsible supervisory authority.
Please contact us first before submitting a complaint. This way, we can try to solve your problem directly. The easiest way is to contact us by email at [email protected].
Winterthur, 31 October 2019