The website www.cerbomed.com may be used only subject to the terms below. The website and the content and information it provides are intended only for users in Europe, and not elsewhere, especially not the United States of America.
1. Copyright and neighboring rights
1.1 All rights to the content, information, brand names, company names, layout, design, photos, illustrations, databases and product descriptions – hereinafter collectively the "Content" – provided on the website www.cerbomed.com (the "Website") are held solely by cerbomed GmbH, Henkestrasse 91, 91052 Erlangen, Germany ("cerbomed GmbH"). The Website and its Content may not be reproduced, disseminated, transmitted, made available to the public, copied, sold, altered, or otherwise exploited in any manner, in whole or in part, without the prior written consent of cerbomed GmbH.
1.2 Cerbomed GmbH grants you a simple non-exclusive, non-transferable right to use the Website and its Content to the extent consistent with the purpose pursued by cerbomed GmbH in making the Website available.
1.3 Other than the rights accorded under Item 1.2 above, cerbomed GmbH grants you no rights of any kind whatsoever in the Website, its Content, utility models, registered designs, or patents.
2. Data protection policy
Protecting the personal data of those who use our Website is extremely important to us at cerbomed GmbH. We protect your personal data with great care, and gather, process and use the personal data you provide only in accordance with the applicable laws and regulations on data protection and data privacy. Below we tell you what personal data are gathered when you use our Website, and how, for what purpose, where, and by whom those data are processed and used. You can also find out how you can view the personal data we have stored, and how you can arrange to have them deleted.
This information about data protection applies only for the gathering, processing and use of personal data on this Website. It does not apply to the gathering, processing and use of your personal data by any third parties to whose websites you may navigate by way of the links provided on this Website.
2.2 Applicable law
We gather, process and use personal data in accordance with the pertinent data protection and data privacy laws of the Federal Republic of Germany, particularly the Federal Data Protection Act and the Telemedia Act, which applies for the area of teleservices.
2.3 Gathering of personal data
You may use our Website at any time without providing personal data about yourself. You are free to decide whether to provide us with your personal data. If you wish to contact us by way of our Website using the online contact form provided here, certain personal data must be provided so that we can process your inquiry. These data are your last name, the country where you live, and your telephone number and/or e-mail address. You can decide for yourself whether you wish to tell us whether you are a patient.
Otherwise, we gather, use and process your personal data only if, and only to the extent that, you have expressly declared your consent as required under the applicable laws and regulations.
2.4 Use of data and purpose of gathering data
We gather, process and use the personal data you provide only for the purpose for which you have communicated them to us, or for which you have given your consent. We will delete or block access to the data, as the case may be, if they are no longer needed for that purpose.
Under the German Federal Data Protection Act, you have the right to obtain information about the data stored about you, including about the origin or recipients of those data, and the purpose for which the data are stored. If you desire this information, please send a request to Datenschutzbeauftragter@cerbomed.com. In addition, under certain conditions you have a right to have your data corrected, blocked, or deleted.
2.6 Revocation of your consent
If you consent to our gathering, processing and use of your personal data, you may revoke that consent at any time. Simply send a message by letter to the Data Privacy Officer, Mr. Stephan Eschenbacher, Eckenstrasse 50, 90480 Nuremberg, or via e-mail to Datenschutzbeauftragter@cerbomed.com. We will then promptly delete your personal data from our database, unless mandatory requirements of law forbid deletion. In that case, access to your personal data will be blocked.
2.8 Google Analytics
As directed by the operators of this website Google will evaluate your use of the website based on the information thus generated, compile reports and provide further services related to the use of the website and the internet for the site’s operator.
If the IP anonymization feature is activated for a website Google will abbreviate the IP address prior to its transmission in the Member States of the European Union and the Agreement on the European Economic Region. Google will transmit the full IP address to the US server in the long version to abbreviate it there only in exceptional cases. The IP anonymization feature on this website has been activated.
As laid down in 2.7 above you can set your browser to prevent the saving of any cookies; we should like to point out that this might mean that not all of the website’s features can be used in full.
Further you can prevent the collection of data related to your visit to the website (including your IP address) by the cookie and their processing by Google by downloading and installing the browser plugin available from the following link (http://tools.google.com/dlpage/gaoptout?hl=de).
2.9 Responsible entity and place of data processing
The entity responsible for gathering, processing and using the personal data input on the Website is cerbomed GmbH, Henkestrasse 91, 91052 Erlangen.
If you have questions about our data privacy information or the technical features of this Website, please contact Datenschutzbeauftragter@cerbomed.com.
3. Liability for material and legal defects
3.1 Cerbomed GmbH always endeavors to keep the Content up-to-date, complete, and correct. If and to the extent that Content is provided at no charge, there can be no liability for material or legal defects in the Content, and particularly not for its correctness, freedom from errors, freedom from third-party intellectual property rights and copyrights, completeness, or usability, except in cases of willful misconduct or fraud.
3.2 The specifications and descriptions of the NEMOS® product may not be available on the Website in some cases, for example because of product changes. For that reason, the desired specifications and features of the NEMOS® product should be agreed upon individually at the time of purchase.
4. Liability for links
4.1 At certain points, the Website provides referrals to the websites of third parties who have no legal connection or other affiliation with cerbomed GmbH.
4.2 Cerbomed GmbH is not responsible for the information and content provided on the linked websites, or for their correctness, completeness, freedom from errors, or current validity. Cerbomed GmbH therefore assumes no liability for the content of these third-party websites, nor does it adopt their content as its own. You use the websites of these third parties at your own risk.
5. Liability for viruses and other defects
5.1 Cerbomed GmbH makes every effort to keep its Website virus-free, but cannot offer any guarantee that it is free from viruses. Before downloading Content, for your own protection and to block viruses on the Website, you should arrange to apply the appropriate and commonly used safety precautions and virus scanners.
5.2 Cerbomed GmbH is liable for material and legal defects only as provided under Item 3 above; it is not liable otherwise, except where liability is mandatory under the German Product Liability Act, because of willful misconduct or gross negligence on the part of cerbomed GmbH or its legal representatives or vicarious agents, or in the event of injury to life, limb or health, or where there is an assumption of a guarantee of characteristics, or in cases of the fraudulent concealment of a defect or a breach of material contractual obligations. Material contractual obligations are those without which the legal relationship between you and cerbomed GmbH cannot be maintained, and compliance with which you rely on, and are entitled to rely on. In the event of a breach of material contractual obligations, except in cases of willful misconduct or gross negligence on the part of cerbomed GmbH, its legal representatives or its vicarious agents, liability is limited to the loss or damage foreseeable under the conditions typical of the contract.
5.3 The above provisions do not entail a reversal of the burden of proof onto you.
©cerbomed GmbH, version of April 2012.