Legal Notices

TERMS, CONDITIONS AND DISCLAIMERS

 

Notice

Please read these terms and conditions carefully. By accessing this site, you agree to be bound by the terms and conditions below (and in particular but without limitation to the exclusion of warranties and liabilities, below). If you do not agree to the terms and conditions below, do not access this site, or any part of it.

Diatron refers to Diatron Medical Instruments Limited (seat: H-1097 Budapest, Táblás utca 39, company registration No.: 01-10-045581) and all of its divisions, branches and subsidiaries.

The contents hereof is available or accessible for informational purposes only and is not to be regarded as an offer or a solicitation to enter into any legal relations, nor an advice or a recommendation with respect to the products and services contained within. The information provided here should not be relied upon as a substitute for extensive independent research before making your decisions. Diatron is merely providing this information for your general information and the information does not take into account any particular individual’s objectives, financial situation, or needs. All recipients should obtain advice based on their unique situation before making any decision based upon any information contained within. Each product and service is offered only to and from jurisdictions where solicitation and sale are lawful, and in accordance with applicable laws and regulations in such jurisdiction.

 

Use of Information and Materials

You must only use this site in accordance with all applicable laws. You must not load or transmit through the site any computer virus or anything designed to interrupt or disrupt the proper operation of the site. You may only copy or download any part of the site where we have expressly stated that you may do so and then only for your private use or any other use we have expressly permitted (and in accordance with this licence and, if you have an account with us, in accordance with our terms and conditions relating to that account). Subject to that you shall not copy or reproduce the site in whole or in part or otherwise make the same available to any person.

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Diatron's web sites and systems including but not limited to unauthorized entry into Diatron's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Diatron and/or its affiliates.

Information contained herein has no regard to the specific objective, situation or particular needs of any specific recipient. The content herein is published solely for informational purposes and is not to be construed as a solicitation or an offer (a) to buy or sell any product or service. The content is not guaranteed as being accurate, nor is it a complete statement or summary of the products, services and information referred to in the content. This information should not be regarded by recipients as a substitute for the exercise of their own judgment nor as a substitute for obtaining legal, financial or other kind of advice.

Any opinions expressed in this content and all the information in this site are subject to change without notice and Diatron is not under any obligation to update or keep current the information contained herein. The products and services are not suitable for all recipient. Diatron accepts no liability whatsoever for any loss or damage of any kind arising out of the use of all or any part of this content. No part of this content may be reproduced or distributed in any manner without the written permission of Diatron. Diatron accepts no liability whatsoever for the actions of third parties in this respect.

 

Links

This site may contain links to web sites controlled or offered by third parties (non-affiliates of Diatron). Diatron hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked to this website. By creating a link to a third party web site, Diatron does not endorse or recommend any products or services offered or information contained at that web site, nor is Diatron liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of Diatron and the third party website may provide less security than the Diatron site.

 

No Warranties

We do not warrant that the site will always be accessible and useable, nor that it will be free from viruses, nor that use will be uninterrupted or error free. We shall not be liable to you if the site is inaccessible or unusable in whole or in part, for any reason. Without prejudice to the generality of the foregoing, we will not be liable to you if the site is inaccessible or unavailable in whole or in part for any reason beyond our reasonable control or because we are carrying out maintenance, upgrades, developments or the like.

You must install and keep up to date virus-checking software for your hardware and software systems. You must also ensure that your information technology is compatible with ours and that any hardware, software or communication link you may use is sufficient and appropriate.

The information and materials contained in this site, including text, graphics, links or other items are provided "As Is", "As Available". Diatron does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranties of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus are given in conjunction with the information and materials and all such warranties are expressly excluded to the fullest extent permitted by the law.

 

Limitation of Liability

In no event will Diatron be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Diatron, or representatives thereof, are advised of the possibility of such damages, losses, or expenses (or should have been or were aware of the possibility of the same arising).

 

Submissions

All information submitted to Diatron via this site shall be deemed and remain the property of Diatron and Diatron shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides Diatron through this site. Diatron shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed in writing by Diatron or as otherwise specifically required by law.

 

Ownership of Site and Trademarks

This website is owned by Diatron. Nothing on this website shall be construed as granting any license or right to use any image, trademark, service mark or logo on the site. No act of downloading or otherwise copying from the website will transfer title to any software or other material to you.

 

Availability

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

 

Additional Term

Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

 

Governing Law

Use of this site shall be governed by the laws of the Republic of Hungary, and will be subject to Diatron's obligations to applicable regulatory authorities.

© 2013 Diatron Medical Instruments Ltd. All rights reserved.

 

 

DATA PROTECTION POLICY

Diatron Medical Instruments Limited (seat: H-1097 Budapest, Táblás utca 39, company registration No.: 01-10-045581, hereinafter as DIATRON) regards the regulations stipulated in the present policy (hereinafter as: Policy) as guidelines applicable to the operation of the website www.diatron.com and to its Users.

 

1. DIATRON acts during the data management on the basis of the present Policy and the governing legislation of the Republic of Hungary in particular

on the basis of the Act CXII of 2011 on Informational Self-determination and Freedom of Information (hereinafter as Privacy Act);

and

on the basis of the Act CVIII of 2001 on certain issues of electronic commerce services and information society services.

 

2. In respect of the Policy DIATRON keeps the right to modify, amend, change the regulations in whole or in part at any time unilaterally, about which amendment the Users will be informed on the website.

 

3. With the acceptance of the Policy, or by the usage of the website, or with the registration/login on the website the Users agree that DIATRON is entitled to manage their data stored on the website, and to transfer them to any of the members of its company group for data processing.

 

4. For the purposes of this Policy based on Privacy Act:

4.1. ‘data subject’ shall mean any natural person directly or indirectly identifiable by specific personal data;

4.2. 'personal data' shall mean any shall mean data relating to the data subject, in particular by reference to the name and identification number of the data subject or one or more factors specific to his physical, physiological, mental, economic, cultural or social

identity as well as conclusions drawn from the data in regard to the data subject;

4.3. 'the data subject’s consent' shall mean any freely and expressly given specific and informed indication of the will of the data subject by which he signifies his agreement to personal data relating to him being processed fully or to the extent of specific operations;

4.4. 'the data subject’s objection' shall mean a declaration made by the data subject objecting to the processing of their personal data and requesting the termination of data processing, as well as

the deletion of the data processed;

4.5. 'controller' shall mean natural or legal person, or organization without legal personality which alone or jointly with others determines the purposes and means of the processing of data;

4.6. 'disclosure' shall mean ensuring open access to the data;

4.7. 'data transfer' shall mean ensuring access to the data for a third party;

4.8. 'deletion of data' shall mean making data unrecognizable in a way that it can never again be restored;

4.9. 'destruction of data' shall mean complete physical destruction of the data carrier recording the data;

4.10. 'data processing' or 'data management' shall mean any operation or the totality of operations performed on the data, irrespective of the procedure applied; in particular, collecting, recording, registering, classifying, storing, modifying, using, querying, transferring, disclosing, synchronizing or connecting, blocking, deleting and destructing the data, as well as preventing their further use, taking photos, making audio or visual recordings, as well as registering physical characteristics suitable for personal identification (such as fingerprints or palm prints, DNA samples, iris scans);

4.11. 'processor' shall mean any natural or legal person or organization without legal personality processing the data on the grounds of a contract concluded with the data controller, including contracts concluded pursuant to legislative provisions;

4.12. 'third person' shall mean any natural or legal person, or organization without legal personality other than the data subject, the data controller or the data processor;

 

5. DIATRON processes personal data only if

a) the data subject has given his consent, or

b) decreed by law or by a local authority based on authorization conferred by law concerning specific data defined therein.

Personal data may be processed only for specified and explicit purposes, where it is necessary for carrying out certain rights or obligations. This purpose must be satisfied in all stages of operations of data processing.

The personal data processed must be essential for the purpose for which it was collected, it must be suitable to achieve that purpose, and it may be processed to the extent and the duration necessary to achieve that purpose.

The data subject shall be clearly and elaborately informed of all aspects concerning the processing of his personal data, such as the purpose for which his data is required and the legal grounds, the person entitled to carry out the processing, the duration of the proposed processing operation and the persons to whom his data may be disclosed. Information shall also be provided on the data subject’s rights and remedies.

Personal data may be transferred, whether in a single or in a set of operations, if the data subject has given his consent or if the transfer is legally permitted, and if the safeguards for data processing are satisfied with regard to each and every personal data.

We kindly inform the Users, that court of justice, prosecutor, investigating authority, infringement authority, administrative authority, parliamentary commissioner for data protection, or other authorities may request information, data transmission, hand over, or document-providing from the operator.

The operator shall make available only as many data to the authorities as it is indispensable needed for the achievement of the aim of the request, and only in case the authority appoints the exact goal and circle of the needed data.

 

6. Data of the visitors of the portal

6.1 DIATRON distinguishes in respect of the data management between the data of the visitors and the Users during the usage of the website.

Since certain services can be resorted after registration/login, only the following data will be stored by DIATRON from the data of the recording persons:

- the data given by the User at registration/login (eg. user name, login password, personal name, e-mail address, phone number, domicile; in case the User is a legal entity: company registration number, seat, tax number, statistical number, name and personal data of representative, date of registration, IP address at registration, etc.)

- the extent and time of the usage of the website.

6.2. The data that become available for DIATRON during the usage of the website by the User shall be managed only for the following purpose:

- identification of the User

- distinction of the Users from each other

- establishment of contact

- fulfillment of contract

- providing personalized service to the Users

- sending e-mails

- preparation of statistics in respect of the habits of the Users

 

7. Storage method of the personal data, security of the data management

7.1 The IT system of the operator can be found on its seat or branch office.

7.2 The operator chooses and operates the IT devices used during its service in respect of the personal data, so that the managed data:

a) can be accessed by the entitled person (availability); b) its authenticity and authentication is granted (authenticity of data management); c) its invariability can be proved (data integrity); d) is secured against unauthorized access (data conversance).

7.3 The operator shall take care of the protection of the data management with such technical, organizational and institutional arrangements, which provides the appropriate level of protection, desired in connection with the risks associated to the data management.

7.4 During the data management the operator keeps

a) the confidentiality: protects the information in the way, that can be accessed by the authorized person;

b) the integrity: protects the accuracy and completeness of the information and of the management’s method;

c) the availability: ensures that in case the authorized user needs it, he can de facto get access to the desired information, and the related tools are available.

7.5 The operator's IT system and network are protected against computer-assisted fraud, espionage, sabotage, vandalism, fire and flood, as well as computer viruses, computer thefts and attacks leading to service refusal. The operator shall take reasonable care to seek the protection with safety procedures on server and application levels as well.

7.6 Users are informed that the electronic messages transmitted over the Internet, regardless of protocol (eg. e-mail, web, ftp, etc) are exposed to certain threats. The operator takes all reasonable precautions in order to prevent such threats. The operator monitors the systems in order to record any security deviation, and to be able to provide proof in all security related event. The monitoring of the system also enables the control of the effectiveness of the applied security precautions.

 

8. Cookies

We use cookies for our website. Cookies are small text data concerning your visit to our website which are sent by our webserver to your browser and which are stored for later call-up from your computer.

We use only so-called session cookies (also called temporary cookies), i.e. those which are temporarily stored during your use of our internet pages. The purpose of these cookies is to be able to identify your computer during a visit when changing from one of our websites to another so that you continue to be identified and the end of your visit can be determined. The legal basis for this is Art.6 s.1f) GDPR. We have a legitimate interest in the storing of cookies to ensure that no technical problems arise and in order to optimise the availability of our services.

These cookies are erased as soon as your browser session is completed.

Whether cookies are used and called-up can be determined by you through the set-up of your browser. You can completely deactivate the storing of cookies in your browser or limit such to specific websites or so configure your browser that you will be automatically informed as soon as a cookie is sent and you are requested to respond. In order to be able to use the full functionality of our website it is, however, necessary for technical reasons to permit the above mentioned session cookies to be used.

There is no collection or storage by us of personal data in cookies in this connection. We are not using any technology which could connect information collected by cookies with user data.

 

9. Google Analytics

It is important to us that our website can be presented in the best possible and attractive manner for our visitors. In this regard it is necessary that we know which parts of the website are well received.

 

This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics also uses cookies, i.e. text data, which are stored in your computer and which allow for an analysis of your use of the website. The information provided by cookies concerning your use of this website are generally transferred to and stored on a server of Google in the United States. Through the IP anonymisation on this website your IP address will be abbreviated by Google within a member state of the European Union or in another signatory state to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to the server of Google in the United States and abbreviated there. Google will use this information on our behalf in order to evaluate your use of the website and to prepare reports on website activities and to provide related services to us as the website operator connected with the use of the website and the internet.

The IP address transmitted under Google Analytics from your browser will not be connected with other data of Google.

You may prevent a storing of the cookies by way of an appropriate adjustment of your browser software; we would, however, advise you that in such case it is possible that not all the functions of the website can be used to the full extent.

You may also prevent the recording of data provided by cookies and related to your use of the website (incl. your IP address) by Google as well as the processing of the data by Google by downloading and installing the browser plugin at the following link: [currently https://tools.google.com/dlpage/gaoptout?hl=en].

The legal basis for this is Art.6 s.1f) GDPR.

Information on Third Party Provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User conditions: http://www.google.com/analytics/terms/de.html.

Overview related to data protection: http://www.google.com/intl/de/analytics/learn/privacy.html.

Data protection declaration: http://www.google.de/intl/de/policies/privacy.

 

10. Registration database

It is only possible to get access to the entire service available on www.diatron.com in case the visitor has login name and password provided by DIATRON, and the User registers itself by logging in. Without logging in, only limited activity can be evolved by the visitor.

The operator's database includes in addition to the data set forth in Section 6.1., whether the User subscribed to the newsletter service, and therefore asked newsletter in e-mail or not. DIATRON notifies in newsletter about the novelties and the alterations of the website the Users on a regular basis, who have subscribed for it. The content of the newsletters may be different depending on the information provided by the Users.

In addition to the above mentioned, DIATRON may send other messages occasionally in connection with its provided services.

11. Your rights as a user

In processing your personal data the GDPR provides you with specific rights as a website user:

a) Right of Access (Art.15 GDPR):

You have the right to request confirmation as to whether related personal data are being processed; if such is the case, you have the right to access such personal data and detailed information as set out in Art.15 GDPR.

b) Rights to Rectification and Erasure (Art.16 and Art.17 GDPR):

You have the right to have any incorrect personal data rectified without undue delay as well as to complete any incomplete personal data.

You also have the right to request that personal data are erased without undue delay insofar for the reasons set out in Art.17 GDPR, e.g. if the data are no longer required for the intended purpose.

c) Right to Restriction of Processing (Art.18 GDPR):

You have the right to request a restriction of processing if any one of the conditions listed in Art.8 GDPR is fulfilled, e.g. if you object to processing, for the period of any resulting check.

 

d) Right to Data Portability (Art.20 GDPR):

In certain cases set out in Art.20 GDPR you have the right to receive personal data in a structured, customary and machine-readable form or to request that such be transmitted to a third party.

e) Right to Object (Art.21 GDPR):

If data are collected on the basis of Art.6 s.1f) GDPR (data processing based on legitimate interests), you have the right for reasons arising from your particular situation to object to such processing at any time. In such case we will no longer process the personal data unless mandatory legitimate reasons for the processing exist which prevail over the interests, rights and freedoms of the data subject or, if the processing serves any legal right or claim or the exercising or defence of such legal right or claim.

f) Right to Lodge a Complaint with Supervisory Authority (Art.77 GDPR):Under Art.77 GDPR you have the right to lodge a complaint with a supervisory authority if you are of the opinion that the processing of your personal data is against the provisions of data protection law. Your right to lodge a complaint may be exercised in relation to the supervisory authority in the member state of your place of residence, your place of work or the location of the alleged breach.

 

12. Data and availability of the controller

Seat: marketing department, Diatron

Postal address: H-1097, Budapest, Táblás u 39

Tax number: HU 13863326 2 43

Company registration number: 01-10-045581

Registration authority: Registry Court

Phone number: +36 (1) 436 9800

E-mail address for client service: andrea.kocsis@diatron.com

 

13. Remedies

13.1 You may request information about the management of your personal data, and may also request correction of your personal data in the manner indicated at the data registration, or through the customer service of DIATRON.

13.2 Upon the data subject’s request the data manager must provide information concerning the data relating to him, including those processed by a data processor on its behalf, the purpose, grounds and duration of processing, the name and address (corporate address) of the data processor and on its activities relating to data management, and the recipients of his data and the purpose for which they are or had been transferred. Data processor must comply with requests for information without any delay, and provide the information requested in an intelligible form within no more than 30 days The information specified above shall be provided free of charge for any category of data once a year. Additional information concerning the same category of data may be subject to a charge.

13.3 When a data is corrected or erased, the data subject to whom it pertains and all recipients to whom it was transferred for processing must be notified. This notification shall not be required if it does not violate the rightful interest of the data subject in view of the purpose of processing.

13.4 The data subject shall have the right to object to the processing of data relating to him

a) if processing (disclosure) is carried out solely for the purpose of enforcing the rights and legitimate interests of the controller or the recipient, unless processing is prescribed by law;

b) if personal data is used or transferred for the purposes of direct marketing, public opinion polling or scientific research;

c) if the right to object is ensured by law.

13.5 In the event of objection, the controller shall discontinue processing operations and investigate the cause of objection within the shortest possible time, not to exceed 15 days, and shall notify the data subject in writing of the findings of the investigation. If the data subject disagrees with the decision taken by the controller, the data subject shall have the right to seek legal remedy within 30 days of the date the decision was conveyed.

13.6 The operator shall not delete the data of the data subject if processing has been prescribed by law. However, data may not be disclosed to the data recipient if the controller agrees with the objection or if the court has found the objection justified. The data subject may file for court action against the controller for any violation of their rights. The court shall hear such cases immediately.

13.7 Operator shall be liable for any damage caused to a data subject as a result of unlawful processing or by breaching the technical requirements of data protection. DIATRON may be exempted from liability if he proves that the damage was caused by reasons beyond his control. No compensation shall be paid where the damage was caused by intentional or negligent conduct on the part of the data subject.

13.8 Complaint related to the operator's data management should be submitted at the Hungarian National Authority for Data Protection and Freedom of Information:

Name: Hungarian National Authority for Data Protection and Freedom of Information

Seat: H-1125 Budapest, Szilágyi Erzsébet fasor 22/C. Phone number: +36 -1-391-1400 Telefax number: +36-1-391-1410

E-mail address: privacy@naih.hu