Privacy Notice

1. WHAT IS THIS PRIVACY NOTICE ABOUT?

Distalmotion (hereinafter also referred as: Distalmotion, or we or us) conducting business or processing the personal information of data subjects understands the importance of privacy to our customers, visitors and suppliers, business partners, and other individuals (hereinafter also referred as: you or the user or the data subject). We are committed to safeguarding your privacy. We collect and process information (personal information or personal data, and non-personal information) so that we can efficiently provide our products and services and support your interest in our products.

In this Privacy Notice, we describe what we do with your data when you use our website, obtain services or products from us, interact with us in relation to a contract, communicate with us or otherwise deal with us. When appropriate we will provide a just-in-time notice to cover any additional processing activities not mentioned in this Privacy Notice. Our website, services and products are intended for our business customers and their end users (e.g., hospitals and surgeons) and are not directed to nor intended for use by consumers or patients in their individual capacity.

If you disclose data to us or share data with us about other individuals, we assume that you are authorized to do so, and that the relevant data is accurate. Please make sure that these individuals have been informed about this Privacy Notice.

2. WHAT PERSONAL DATA DO WE COLLECT?

We process various categories of data about you. The main categories of data are the following: 

• Technical data: When you use our website or other online offerings, we collect the IP address of your terminal device and other technical data in order to ensure the functionality and security of these offerings. This data includes logs with records of the use of our systems. In order to ensure the functionality of these offerings, we may also assign an individual code to you or your terminal device. Technical data as such does not permit us to draw conclusions about your identity. However, technical data may be linked with other categories of data in relation to user accounts, registrations, access controls or the performance of a contract. 
• Registration data: Certain offerings and services can only be used with a user account or registration, which can happen directly with us or through our third-party login service providers. In this regard you must provide us with certain data, and we collect data about the use of the offering or service. Registration data may be required in relation to access control to certain facilities, potentially including biometric data, depending on the control system. 
• Communication data: When you are in contact with us via the contact form, by e-mail, telephone, or by letter or other means of communication, we collect the data exchanged between you and us, including your contact details and the metadata of the communication. If we have to determine your identity, we collect data to identify you (for example a copy of an ID document).
• Master data: With master data we mean the basic data that we need, in addition to contract data (see below), for the performance of our contractual and other business relationships or for marketing and promotional purposes, such as name and contact details, and information about, for example, your role and function, your bank details, 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 (for example as a contact person of the business partner), or because we wish to address you for our own purposes or for the purposes of a contractual partner (for example as part of marketing and advertising). We receive master data from you (for example when you make a purchase or as part of a registration), from parties you work for, or from third parties such as contractual partners, associations and address brokers, and from public sources such as public registers or the internet (websites, social media, etc.). 
• Contract data: This means data that is collected in relation to the conclusion or performance of a contract, for example information about the contracts and the services provided or to be provided, as well as data from the period leading up to the conclusion of a contract, information required or used for performing a contract, and information about feedback. We generally collect this data from you, from contractual partners and from third parties involved in the performance of the contract, but also from third-party sources and from public sources. 
• Behavioral and preference data: Depending on our relationship with you, we try to get to know you better and to tailor our products, services and offers to you. For this purpose, we collect and process data about your behavior and preferences. We do so by evaluating information about your behavior in our domain, and we may also supplement this information with third-party information, including from public sources. Based on this data, we can for example determine the likelihood that you will use certain services or behave in a certain way. The data processed for this purpose is already known to us (for example where and when you use our services), or we collect it by recording your behavior (for example how you navigate our website). 
• Other data: We also collect data from you in other situations. For example, data that may relate to you (such as files, evidence, etc.) is processed in relation to administrative or judicial proceedings. We may also collect data for health protection (for example as part of health protection concepts). We may obtain or create photos, videos and sound recordings in which you may be identifiable (for example at events, with security cameras, etc.). We may also collect data about who enters certain buildings, and when or who has access rights (including in relation to access controls, based on registration data or lists of visitors, etc.), who participates in events or campaigns and who uses our infrastructure and systems and when. The retention period for this data depends on the processing purpose and is limited to what is necessary. 

Much of the data set out in this section is provided to us by you. You are not obliged or required to disclose data to us except in certain cases. If you wish to enter into contracts with us or use our services, you must also provide us with certain data, in particular master data, contract data and registration data, as part of your contractual obligation under the relevant contract. When using our website, the processing of technical data cannot be avoided. If you wish to gain access to certain systems or buildings, you must also provide us with registration data. 

As far as it is not unlawful, we also collect data from public sources or receive data from public authorities and from other third parties.

3. FOR WHAT PURPOSES DO WE COLLECT YOUR PERSONAL DATA?

We process your data for the following purposes: 

• We process your data for communication with you, in particular in relation to responding to inquiries and the exercise of your rights and to enable us to contact you in case of queries
• for the conclusion, administration and performance of contractual relationships 
• for marketing purposes and relationship management
• for security and access control purposes
• to comply with laws, directives and recommendations from authorities and internal regulations
• for our risk management and as part of our corporate governance, including business organization and development
• for further purposes, for example as part of our internal processes and administration 

4. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?

Distalmotion will disclose or grant access to personal information to third parties on a need-to-know basis and such disclosure or access will be authorized and limited to the personal information that is necessary to perform the specific purpose for which such access is granted, or personal information is disclosed.

Such third parties are legally and contractually required to protect your personal information, in accordance with our instructions or the applicable laws.

The following categories of personal information collected about you may be shared with the following recipients:

5. IS YOUR PERSONAL DATA DISCLOSED ABROAD?

Your personal information may be transferred to countries where the local legislation provides a different level of protection for your personal information and rights compared with your country. If that is the case, we will ensure that appropriate legal and/or contractual safeguards (e.g., adequacy decisions, standard contractual clauses, transfer impact assessments) are in place for such transfers as required by your local legislation (where applicable). 

If a recipient is located in a country without adequate data protection, we require the recipient to undertake to comply with data protection (for this purpose, we use the European Commission’s standard contractual clauses, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing. 

6. HOW LONG DO WE RETAIN YOUR PERSONAL DATA?

We process your data for as long as our processing purposes, the legal retention periods and our legitimate interests in documentation and keeping evidence require it or storage is a technical requirement. If there are no contrary legal or contractual obligations, we will delete or anonymize your data once the storage or processing period has expired as part of our usual processes. 

7. HOW DO WE PROTECT YOUR PERSONAL DATA?

We take appropriate security measures in order to maintain the required security of your personal data and ensure its confidentiality, integrity and availability, and to protect it against unauthorized or unlawful processing, and to mitigate the risk of loss, accidental alteration, unauthorized disclosure or access. 

8. DO WE USE ONLINE TRACKING AND ONLINE ADVERTISING TECHNIQUES?

We use various techniques on our website that allow us and third parties engaged by us to recognize you during your use of our website, and possibly to track you across several visits. This section informs you about this.

In essence, we wish to distinguish access by you (through your system) from access by other users, so that we can ensure the functionality of the website and carry out analysis and personalization. We do not intend to determine your identity, even if that is possible where we or third parties engaged by us can identify you by combination with registration data. However, even without registration data, the technologies we use are designed in such a way that you are recognized as an individual visitor each time you access the website, for example by our server (or third-party servers) that assign a specific identification number to you or your browser (so-called « cookies »). 

Cookies are individual codes (for example a serial number) that our server or a server of our service providers or advertising partners transmits to your system when you connect to our website, and that your system (browser, cell phone) accepts and stores until the set expiration time. Your system transmits these codes to our server or the third-party server with each additional access. That way, you are recognized even if your identity is unknown.

We distinguish the following categories of cookies:

• Necessary cookies: Some cookies are necessary for the functioning of the website or for certain features. For example, they ensure that you can move between pages without losing information that was entered in a form. They also ensure that you stay logged in. These cookies exist temporarily only (« session cookies »). If you block them, the website may not work properly. Other cookies are necessary for the server to store options or information (which you have entered) beyond a session (i.e. a visit to the website) if you use this function (for example language settings, consents, automatic login functionality, etc.).
• Performance cookies: In order to optimize our website and related offers and to better adapt them to the needs of the users, we use cookies to record and analyze the use of our website, potentially beyond one session. We use third-party analytics services for this purpose. We have listed them below.

Whenever you access a server (for example when you use a website or an app, or because an e-mail includes a visible or invisible image), your visits can therefore be « tracked ». If we integrate offers from an advertising partner or a provider of an analysis tool on our website, they may track you in the same way, even if you cannot be identified in a particular case.

We may also integrate additional third-party offers on our website, in particular from social media providers. These offers are deactivated by default. As soon as you activate them (for example by clicking a button), these providers can determine that you are using our website. If you have an account with that social media provider, it can assign this information to you and thereby track your use of online offers. These social media providers process this data as separate controllers. 

We currently use offers from the following service providers and advertising partners (where they use data from you, or cookies set on your computer for advertising purposes):

• Google Analytics: Google Ireland Ltd. (located in Ireland) is the provider of the service «Google Analytics» and acts as our processor. Google Ireland relies on Google LLC (located in the United States) as its sub-processor (both « Google »). Google collects information about the behavior of visitors to our website (duration, page views, geographic region of access, etc.) through performance cookies (see above) and on this basis creates reports for us about the use of our website. We have configured the service so that the IP addresses of visitors are truncated by Google in Europe before forwarding them to the United States and then cannot be traced back. We have turned off the « Data sharing » option and the « Signals option ». Although we can assume that the information we share with Google is not personal data for Google, it may be possible that Google may be able to draw conclusions about the identity of visitors based on the data collected, create personal profiles and link this data with the Google accounts of these individuals for its own purposes. In any event, if you consent to the use of Google Analytics, you expressly consent to any such processing, including the transfer of your personal data (in particular website and app usage, device information and unique IDs) to the United States and other countries. You can learn more about Google Analytics here: https://policies.google.com/technologies/partner-sites, and you can learn how to prevent the use of Google Analytics relating to your use of our Service here: https://tools.google.com/dlpage/gaoptout?hl=en.
• Salesforce Marketing Cloud Account Engagement (Pardot): We use the online service Salesforce MCAE (Pardot) to send our marketing communications. Contact information, such as your name, job title, company name, address, phone number, email address, username and password, other information you have voluntarily chosen to share in the “Contact Us” form are collected. Moreover, information about your device and your usage of our websites or emails (such as IP addresses or other identifiers), which may qualify as personal data using cookies, web beacons, or similar technologies are collected when interacting with the website. This data allows us to improve the quality and relevance of our marketing communications. For more information about privacy at Salesforce, please visit the following link: https://www.salesforce.com/company/legal/privacy/.
• Workable: We use the online service Workable to manage our hiring and application process. In order to receive applications, personal data and any information needed for the job application are routed through Workable. For more information about the privacy at Workable, please visit the following link: https://www.workable.com/privacy.
• Do Not Track: Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

9. WHAT DATA DO WE PROCESS ON OUR SOCIAL NETWORK PAGES?

We may operate pages and other online presences (channels, profiles, etc.) on social networks and other platforms operated by third parties and collect the data about you and below. We receive this data from you and from the platforms when you interact with us through our online presence. At the same time, the platforms analyze your use of our online presences and combine this data with other data they have about you (for example about your behavior and preferences). They also process this data for their own purposes, in particular for marketing and market research purposes (for example to personalize advertising) and to manage their platforms (for example what content they show you) and, to that end, they act as separate controllers. 

We process this data for the purposes set out above, in particular for communication, for marketing purposes (including advertising on these platforms) and for market research. We may disseminate content published by you (for example comments on an announcement), for example as part of 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 their terms of use (for example inappropriate comments).

For further information on the processing of the platform operators, please refer to the privacy information of the relevant platforms. There you can also find out about the countries where they process your data, your rights of access and erasure of data and other data subjects’ rights and how you can exercise them or obtain further information. We currently use the following platforms: Twitter and LinkedIn.

10. WHAT APPLIES IN CASE OF PROFILING AND AUTOMATED INDIVIDUAL DECISIONS?

We may automatically evaluate personal aspects relating to you (profiling) based on your data for the purposes set out above, where we wish to determine preference data, but also in order to detect misuse and security risks, to perform statistical analysis or for operational planning. We may also create profiles for these purposes, i.e. we may combine behavioral and preference data, but also master data, contract data and technical data relating to you in order to better understand you as a person with your various interests and other characteristics. 

In both cases, we pay attention to the proportionality and reliability of the results and take measures against misuse of these profiles or profiling. Where these can produce legal effects concerning you or similarly significantly affect you, we generally ensure human review. 

11. WHAT ABOUT DATA FOR JOB APPLICATIONS?

If you apply to us via our web form, we collect personal data. This includes your contact data (such as first name, last name, name affixes, private address, (mobile) phone number, e-mail address) as well as other data provided by you regarding your background (e.g., curriculum vitae, qualifications and degrees, work experience) and your person (e.g., cover letter, personal interests). This may also include special categories of personal data (e.g. information on a severe disability). As a rule, your personal data is collected directly from you as part of the application process and is encrypted during electronic transmission. The data originates from the application form to be completed online and from the uploaded files.

The data processing serves to initiate an employee relationship. If the processing of your data is based on consent, you have the right to revoke your consent at any time with effect for the future.

Within our company, only those persons and departments have access to your personal data that absolutely need it to carry out the application process or to fulfill our legal obligations. If necessary, your applications will be forwarded to the relevant responsible persons for examination. Under no circumstances will your personal data be passed on to third parties without authorization.

Your data relating to an application for a specific job posting will be stored and processed by us during the ongoing application process. After completion of the application process (e.g. in the form of an acceptance or rejection), the application process including all personal data will be deleted from the system 6 months after completion of the application process. In the event of an acceptance, we reserve the right to retain your application for longer, provided that the entry date is more than 6 months in the future.

12. WHAT ARE YOUR RIGHTS?

Under the applicable data protection legislation/regulations, you have various rights in connection with the processing of your personal information. These rights may differ based on your region.

Distalmotion shall strictly uphold your rights and is responsible for implementing adequate procedures and policies to effectively protect your rights and monitoring compliance with applicable data protection laws and regulations. We will respond and provide information upon request without undue delay and in any event within the legally required timeline for your jurisdiction. That period may be extended where possible by local law.

Please note that we will have to identify you in order to fulfill your request. We will retain archival copies of the information you have requested. Until our backups are overwritten, we will retain the information, but make no further use of your personal information. You can submit your requests to compliance@distalmotion.com. Conditions, exceptions or restrictions apply to these rights under applicable data protection law. We will inform you accordingly where applicable.

As a data subject, your rights may include the following, depending on your jurisdiction and applicable laws:

If you are a resident of the European Union, European Economic Area, Japan, South Korea, Switzerland or the United Kingdom, the disclosures set out below apply to you in addition to the disclosures set out in the general sections of this Privacy Notice.

To exercise your rights, to obtain details of our data transfer safeguards, or for any other questions related to personal information, you may contact us by emailing compliance@distalmotion.com.

When necessary, we may request identifying information from you to confirm your identity. We will respond to requests in accordance with applicable data protection law.

Distalmotion complies with and is certified under the EU-US Data Privacy Framework Principles (EU-US DPF) and the UK Extension to the EU-US DPF (UK-US Data Bridge) as set forth by the US Department of Commerce, with regard to the processing of personal data originating from the European Union and the United Kingdom. Distalmotion has certified to the US Department of Commerce that it adheres to the Swiss-US Data Privacy Framework principles (Swiss-US DPF) with regard to the processing of personal data originating from Switzerland in reliance on the Swiss-US DPF. If there is any conflict between the terms in this Privacy Notice and the Principles of the EU-US DPF and/or the UK-US Data Bridge and/or the Swiss-US DPF, the Principles of the EU-US DPF, the UK-US Data Bridge and the Swiss-US DPF shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Distalmotion may be subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Under the DPF Principles, we are liable (unless we prove that we are not responsible for the event giving rise to the harm) if one of our agents processes personal information in a manner inconsistent with the DPF Principles.

Where data transfers are not covered by the EU-US DPF, the UK-US Data Bridge or the Swiss-US DPF and where applicable, we have implemented international data transfer agreements based on standard contractual clauses covering onward transfers where applicable; a copy of these clauses can be obtained by contacting us at compliance@distalmotion.com.

If you believe that Distalmotion has failed to comply with its DPF certification, you may contact your local data protection authority. In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Distalmotion commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF in the context of the employment relationship. If neither Distalmotion nor your local data protection authority resolves your inquiry or complaint, you may have the possibility to engage in binding arbitration through the Data Privacy Framework Panel. For more information on this option, please see Annex I of the EU-U.S. DPF Principles.

• Right to access. You have the right to request information from us as to whether and what data we process from you.
• Right to rectification. You have the right to have us correct data if it is inaccurate.
• Right to erasure. You have the right to request erasure of data.
• Right to data portability. You have the right to request that we provide certain personal data in a commonly used electronic format or transfer it to another controller.
• Right to object: You have the right to object to the processing of your personal data, if it is being done for public interests or legitimate interest of us.  
• Right to withdraw consent. You have the right to withdraw consent, where our processing is based on your consent.
• Right to lodge a complaint. If you are located in the EEA, the United Kingdom or in Switzerland, you have the right to lodge a complaint with the competent data protection supervisory authority in your country.

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your Personal Data, please submit a written request to compliance@distalmotion.com.

13. SUBJECT TO CHANGE

We reserve the right to adapt or update this Privacy Notice at any time. The version published on this website is the one that applies to your visit.

14. CONTACTS

If you have any questions about this Privacy Notice and your rights please contact us using the below details:

Distalmotion SA
Route de la Corniche 3B
1066 Epalinges, Switzerland
compliance@distalmotion.com

We have appointed the following additional positions:

Data Protection Officer and representative in the EU:

DP Dock DPO Services GmbH
Att.: Distalmotion SA
Grüffkamp 10
24159 Kiel, Germany
e-mail: dpo@distalmotion.com

Data Protection Representative in the UK:

DP Data Protection Services UK Ltd
Attn.: Distalmotion SA
Great Queen Street 16
WC2B 5AH London, United Kingdom
e-mail: dpo@distalmotion.com

Last Updated: January 2025