Privacy Policy

Privacy Policy of WHILL Europe B.V.

  1. Controller for the Processing of Your Personal Data

    1. With this privacy policy, we seek to inform you what personal data we collect and process when you visit our website and for what purposes we do so. We process your personal data only insofar as you have given us your consent or if legal regulations allow us to do so. The following references to Articles refer to the EU General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation, GDPR).
    2. “Controller” for the processing of your personal data as defined in Art. 4 (7) GDPR is
      • WHILL Europe B.V.
      • Johan Cruijff Boulevard 65-71
      • 1101 DL, Amsterdam
      • Netherlands
      • e-mail: eu.info@whill.inc

    You can reach our data protection officer at eu.info@whill.inc or at our postal address with the addition “the data protection officer”.

  2. Personal Data

    The term personal data includes, inter alia, your personal data (for example your name, your date of birth, your address including your country and postal code, your nationality, your e-mail address), your technical connection data such as your IP address, advertising and sales data as well as other comparable data.

  3. Collection of Your Personal Data

    1. Personal data that we collect from you:
      1. If you are interested in our products and would like to become our customer or if you are our costumer, we process the personal data that you provide to us when contacting us. This information is necessary in accordance with Art. 6 (1) (b) GDPR in order to take steps at your request prior to entering into a contract and further for the performance of the contract concluded with you as a result.
      2. If you contact us and send us your inquiry/question via our contact form, we process your personal data, such as your name and your e-mail address. In addition, you should let us know your request. You should also specify which user group you belong to. You can choose to be a user, a caregiver, a medical professional, or a reseller. This information is mandatory information that we need in order to process your inquiry and request in the best possible way. Mandatory fields are marked with a *. You can also enter your postcode. This information is voluntary. We process your personal data in accordance with Art. 6 (1) (a) GDPR on the basis of your explicit consent, which you give us before sending your request via the contact form by clicking the check box.
      3. Insofar as you access and use our website purely for informational purposes, we only collect such data which is automatically transmitted by your Internet browser. This includes e.g. the date and time of the inquiry to the website, the respective quantity of data transmitted, the website from which the access took place, browser type, browser settings and your IP address. This access data shall be evaluated exclusively for the purpose of ensuring a trouble-free operation of the website. This takes place according to Art. 6 (1) (f) GDPR on the basis of our legitimate interest in a correct presentation of our offering.
      4. If you are a legal representative or employee of one of our customers or prospective customers, your personal data can be collected insofar as you act in the name of or on behalf of our (prospective) customer within the scope of the (to be initiated) business relationship with us. This occurs for the purpose of the initiation or, respectively, performance of the contract concluded with you, Art. 6 (1) (b) GDPR.

  4. Transmission of Your Personal Data to other Controllers, Processors or Third Parties

    1. Your personal data will be collected and processed by us. We don´t transmit your personal data to affiliated companies. In certain cases, we may need to transmit your personal data to other controllers, processors or third parties.
    2. We transfer your personal data to processors engaged for this purpose domestically insofar as this is necessary for commercial or technical reasons. For this purpose, we carefully select the respective processor with which a contract is agreed for processing data on behalf of the controller according to Art. 28 GDPR as well as monitor it carefully. For the purpose of outsourcing of certain business processes, we have a legitimate interest in the conclusion of contracts for processing of data on behalf of the controller with the respective processor in accordance with Art. 6 (1) (f) GDPR.
    3. Your personal data is transmitted inter alia in the following cases:
      1. Your personal data processed via the contact form or via e-mail will be stored on the server of Microsoft in the Netherlands and transferred to it for this purpose. This takes place on the basis of a contract for data processing on behalf of the controller according to Art. 28 GDPR concluded with Microsoft to which we have a legitimate interest within the meaning of Art. 6 (1) (f) GDPR.
      2. For purposes of performance of a contract according to Art. 6 (1) (b) GDPR, we can transmit your personal data in addition to all parties to whom we have assigned rights which result from the contract relationship with you.

  5. Transfer of Your Personal Data to a Third Country

    Should your data be transferred to a third country, we ensure that the transmission occurs only in such countries which have a level of protection respective to that as defined in Art. 45 (1) GDPR or the controller located in the respective third country has ensured appropriate data protection guarantees. These guarantees can, e.g. be comprised of:

    1. binding, internal data protection regulations pursuant to Art. 47 GDPR, or
    2. standard protection clauses which were issued by the European Commission according to the examination procedure according to Art. 93 (2) GDPR.
    3. EU-US-Privacy Shield

  6. Cookies

    1. In addition, cookies are stored on your computer when you use our website. Cookies are small text files which are stored on your hard drive in a way referring to the browser you are using and which provide certain information to the party placing the cookie (in this case: to us). Cookies cannot execute programs or transmit viruses to your computer. They are used to make the Internet more user-friendly and more efficient as a whole.
    2. This website uses transient as well as persistent cookies. The scope and functionality of these cookies are explained in the following:
      1. Transient cookies are automatically erased when you close your browser. These include, in particular, session cookies which store a so-called session ID that can be used to assign different requests from your browser to the same session. This enables your computer to be recognised when you return to our website. Session cookies are erased when you log off or close your browser.
      2. Persistent cookies are automatically erased after a defined time which may vary depending upon the cookie. You can erase the cookies at any time in the security settings of your browser.
    3. You can configure your browser settings as desired and, e.g., reject acceptance of third- party cookies or all cookies. However, we must point out that this action could have the consequence that you may not be able to use all the functions of this website.
    4. If you have given us your consent to the use of cookies on the basis of a notice (“cookie banner”) provided by us on the website, the legal basis for the use of cookies is Art. 6 (1) (a) GDPR. In the cookie banner, you can choose which cookies you want to allow. For example, you can choose to allow cookies for preferences, statistics and/or marketing purposes. Necessary cookies, which ensure the functionality of the website, are always used by us. We have a legitimate interest in maintaining the functionality of the website in accordance with Art. 6 (1) (f) GDPR.

  7. Social Media Plugins

    1. Facebook, Instagram
      1. Social plugins (“plugins”) from social networks (Facebook and Instagram) are used on our website. If you access a page of our website that contains such a plugin, your browser establishes a direct connection to the Facebook or Instagram servers. The content of the plugin is transmitted by the respective provider directly to your browser. By integrating the plugins, the providers receive the information that your browser has called the corresponding page of our website, even if you do not have a profile or are not currently logged in. This information (including your IP address) is transmitted by your browser directly to a server of the respective provider in the USA and stored there. If you are logged in to one of the services, the providers can assign your visit to our website directly to your profile on Facebook or Instagram. If you interact with the plugins, for example by pressing the “Like” or “Instagram” button, the corresponding information is also transmitted directly to a server of the provider and stored there.
      2. The purpose and scope of the data collection and the further processing and use of the data by the providers on their pages, as well as your rights in this regard and setting options to protect your privacy, please refer to the privacy notices of the providers:
    2. YouTube
      1. We have included YouTube videos in our online offering, which are stored at https://www.youtube.com.
      2. By visiting the website, YouTube receives the information that you have accessed the corresponding subpage of our website. In addition, the date and time the website was called up, the amount of data transferred, the website from which the request came, browser type, browser settings and your IP address will be transmitted. This occurs regardless of whether YouTube provides a user account that you are logged in to or whether there is no user account. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish your profile to be associated with YouTube, you must log out before activating the button. YouTube stores your data as user profiles and uses them for advertising, market research and/or the design of its website to meet your needs. Such evaluation is carried out in particular (even for users who are not logged in) to provide demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right.
      3. Further information on the purpose and scope of data collection and processing by YouTube can be found in YouTube’s Privacy Policy. There you will also find further information on your rights and setting options to protect your privacy: https://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the United States and has adopted the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

  8. Storage Periods and Criteria for the Storage of Your Personal Data

    All processed personal data shall only be stored no longer and to the extent than is necessary for us to perform our contractual and statutory obligations. Among other things, data storage is necessary for the performance and execution of the contract including the defence and enforcement of civil law claims within the relevant statute of limitations time periods. In order not to violate the statutory regulations or to lose the possibility of enforcing a claim or to defend ourselves against such a claim, we reserve the right to first erase the data after expiry of the last time period which legitimizes the data storage. The storage period of the used cookies and other technical access data can be found in our Cookie Banner.

  9. Your Rights

    1. You have the following rights in dealings with us with regard to your personal data:
      • Right to withdraw your consent in processing your personal data (Art. 7 (3) GDPR)
      • Right to information (Art. 15 GDPR)
      • Right to rectification or erasure (Art. 16, Art. 17 GDPR)
      • Right to restriction of processing (Art. 18 GDPR)
      • Right to data portability (Art. 20 GDPR)
      • Right to object (Art. 21 GDPR)

        You have the right to lodge an objection at any time insofar as reasons exist relating to your particular situation against the processing of your personal data by us which occurs on the basis of Art. 6 (1) (f) GDPR (data processing due to a legitimate interest). If you lodge an objection, we shall no longer process your personal data unless we can prove compelling legitimate grounds requiring protection in favour of processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defence of legal claims.

        Furthermore, you have the right to lodge an objection at any time against the processing of your personal data for direct marketing purposes, Art. 21 (2) GDPR. If you lodge an objection to processing for purposes of direct marketing, we shall no longer process your personal data for such purposes.

      • You also have the right to complain to the relevant data protection supervisory authority about the processing of your personal data by us.
    2. In order to exercise your rights under Section 10.1, please send an e-mail to eu.info@whill.inc.