Last Updated on August 2023

E.M.S. Electro Medical Systems S.A., with registered office at Chemin de la Vuarpillière 31, 1260 Nyon, Switzerland (“We” or “EMS”) and its affiliates are committed to safeguarding and respecting your privacy.

This Privacy Policy sets out the basis on which we process any personal data that we collect from you, or that you provide to us. The personal data that we process may eventually be provided to EMS by any member of our group, including our affiliates, our ultimate holding company and its subsidiaries for legitimate business purposes.

This Privacy Policy is based on the guiding principles outlined in the European General Data Protection Regulation (“GDPR”) and Swiss Federal Act on Data Protection (FADP-CH). However, when personal data is collected and processed by any other member of our group, located outside Europe, the local data protection law may primarily apply.

Please read the following Privacy Policy carefully to understand our views and practices regarding your personal data, how we will handle it and the basis on which it will be disclosed to third parties.

By visiting EMS websites and/or registering for a service and/or providing information about yourself you are accepting and consenting that we process your personal data according to the practices described in this Privacy Policy. Our websites may contain links to and from the websites of our partner networks, advertisers, affiliates or to any other website of interest. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

TYPE OF DATA WE MAY COLLECT ABOUT YOU:

We may collect and process the following data about you:

• You may provide us information about you by filling in forms on this website or paper forms during events or by corresponding with us by phone, e-mail, text or otherwise. This includes information you provide when you register to use this website, subscribe to our services or sign up for newsletters. The information you provide us may include your name, physical address, e-mail address, login information if you register to our online services, phone number, language and country.
• We may additionally receive and process personal data concerning you through other websites we operate. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical and delivery services, advertising networks, analytics providers, search information providers) and may receive information about you from them.
• We can also collect other information to administer our websites, such as technical information, including the Internet Protocol (IP) address, browser type, Internet Service Provider (ISP), number of clicks, time zone setting, browser version, operating system and the pages you visited.
• We may process personal data about you collected within a contractual and/or commercial relationship, such as contact information, history of our interactions with you, your purchases from us and information about your use of our products, physical delivery addresses and other bank/payments details.
• We may also process other content such as testimonials, surveys and photographs/videos with your explicit consent.

 

WHY EMS COLLECTS PERSONAL DATA AND HOW IT USES IT:

We hold and process your personal data only if we have a lawful basis for doing so, such as your consent, when it is necessary for engaging in a contractual relationship with you, to meet our legitimate interests (i.e. direct marketing activities), to comply with legal requirements or if authorized.

EMS may use your personal data for some or all of the following purposes:

• Marketing communications: to provide you with information about a product or service of ours that we believe could be of interest to you; to provide you with information about other goods and services we offer that are similar to those that you have already used; to tailor the content we display to you. However, you may object to this way of processing your personal data. If you do so, we will stop processing your data for direct marketing purposes.
• Customer service: to provide you with customer service, to deliver the service and to correspond with you in relation EMS services and products, to notify you about changes to our services, when you choose to do so; to reply to your enquires, complaints and general feedback about our products.
• Contracts performance and commercial relationship: we may collect and process personal data necessary for the proper performance of a contract to which you are party with EMS. This may include products selling, distribution and after-sales management of our products or services.
• Website administration: to administer our websites and for internal operations, including product development, troubleshooting, data analysis, testing, research, statistical and survey purposes; to improve our websites and to ensure that content is presented in the most effective manner for you and for your computer or for other devices used to access our websites.
• Behavioral evaluation: we may process personal data in order to perform an evaluation, on a group level, of the general behavior of our customers, for system administration and to report aggregated statistical information about browsing patterns and actions.

 

CHILDREN’S PRIVACY PROTECTION:

EMS does not knowingly collect personal data from children and its websites are not intended for children. If EMS discovers that it has accidentally collected personal data from children it will delete such data immediately.

 

DATA RETENTION:

EMS and any member of our group only retain your personal data for no longer than is necessary for the purposes for which such data was initially collected and/or in accordance with specific data retention obligations set out by national regulations.

In particular, under Swiss law, the following will apply:

Information on legal transaction between you and EMS is retained for a period of 10 years after the termination of the legal transaction, in accordance with the general limitation period set for civil claims in Switzerland;

Billing information is retained for a period of 10 years after the closing of the accounting year to which they relate, in accordance with the Swiss accounting and taxation laws;

Contact information (names, post and e-mail addresses, phone numbers) used for direct marketing purposes maybe retained for an unlimited period of time, if permissible under the applicable law, unless you ask EMS to delete your information or to stop processing it otherwise.

 

SHARING OF YOUR INFORMATION:

We may share the personal data you provide to us with any member of our group, including our affiliates, our ultimate holding company and its subsidiaries for legitimate business purposes.

EMS may perform some of its functions by relying on third-party suppliers to conduct specialized activities, i.e. in order to assist us in improving our websites, marketing our products etc. The personal data that you provide may be shared with these suppliers in order to enable them to perform the agreed tasks. However, these providers are required to exclusively use the received information for the respective services on behalf and as instructed by EMS. EMS will require such third parties, who may be based outside the country from which you have accessed the EMS websites or service, to comply with all relevant data protection and security requirements in relation to your personal data.

EMS will not share your personal data with any third party that intends to use it for their direct marketing purposes.

In the event EMS sells or buys any business or assets, EMS may disclose your personal data to the prospective seller or buyer of such business or assets.

EMS may disclose personal information without your consent if the disclosure is:

• required or authorized by law
• required by an enforcement body to investigate unlawful activities
• where we believe that an emergency, illegal activity or some other reasonable basis exists for notifying the relevant authority

 

WHERE WE STORE YOUR PERSONAL DATA:

EMS may store your personal data in various locations and eventually benefit of the support of external service providers.

Hereunder is a summary listing:

• EMS local datacenter(s) at EMS SA and the other EMS Entities
• EMS cloud-based datacenter(s)
• Cloud-based (SaaS) systems and online platforms

We will not transfer your data to a recipient located outside the European Economic Area ("EEA"), unless this third country where the recipient is located ensures an adequate level of data protection or we have implemented a lawful contract and data transfer mechanism or any other necessary safeguard.

In case of a transfer outside the EEA or in a country with no adequate level of data protection, we are also required to inform you and, you have the right to request us what kind of appropriate safeguarding measures we have implemented in order to protect your personal data.

 

SECURITY MEASURES:

EMS establishes the security in accordance with GDPR and FADP-CH. Measures taken by our company related to data security will guarantee an adequate level of protection for risks regarding confidentiality, integrity, availability and resilience of systems and data.

We have implemented security measures to ensure that your personal information is kept secure and our websites and IT systems have security mechanisms in place to help protect against the loss, misuse and alteration of the information under control.

We limit access to personal data about you to our employees and third-party agents, who we reasonably believe need to have access to your information to provide you with the information or services your request from us.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential.

However, no method of transmission over the internet is 100% secure. Although we will do our best to protect your personal data, we cannot guarantee the absolute security of the transmission of your data to our systems. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

 

YOUR RIGHTS:

You may contact us and request access anytime to your personal data. We will provide you with a copy of your personal information upon request.

You may request us to correct any inaccuracies in your personal data.

You may ask us to delete the information we have on your account. However, we must keep track of certain transaction information, for legal compliance purposes, so we may not be able to fully delete your information in certain circumstances.

You may ask us to be unsubscribed from marketing communications at any time. If you wish to unsubscribe from marketing communications, you may do so by clicking the unsubscribe link provided in each e-mail.

You have the right to be informed of any automated decision-making process, including profiling, we may decide to perform.

Where in your opinion the processing of your personal data infringes EU data protection law, you have the right to lodge a complaint with the relevant authority in the country where you are based or any place in the EU where you believe the infringement has occurred.

You can exercise your rights at any time by contacting us at the address indicated below.

 

COOKIES:

For detailed information regarding cookies and data protection, please consult our dedicate page called “Cookie Policy” on our company website.

 

CHANGES TO OUR PRIVACY POLICY:

EMS reserves the right to modify this Privacy Policy at any time. We encourage you to regularly visit our websites to make sure you are aware of any changes to this Privacy Policy. If we make material changes to this Privacy Policy, we will notify you here, by e-mail or by means of a notice on our homepage.

The date at the top of this page indicates when this privacy policy was last updated.

 

CONTACT DETAILS:

If you have any questions, comments or requests regarding your personal data, please send us an e-mail to the following address: privacy@ems-ch.com or contact us at:

E.M.S. Electro Medical Systems S.A
Data Protection Officer
Chemin de la Vuarpillière 31
1260 Nyon, Switzerland

You can also use our Data Subject Access Request page for any request related to privacy or personal information.