EU Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of Bioniks. The use of the Internet pages of Bioniks is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary.

The processing of personal data, shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Bioniks. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the Controller, Bioniks has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., by telephone.

1. Data Protection Officer and EU Representative

Our data protection officer (“DPO”) for the European Union is: DP Dock DPO Services GmbH, Attn: Bioniks, Grüffkamp 10, 24159 Kiel, Germany.

The EU Representative pursuant to Art. 27 of the GDPR is: Rivacy GmbH, Mexikoring 33, 20079 Hamburg, Germany (info@rivacy.eu).

2. Definitions

Our privacy policy is intended to be simple and understandable for everyone. As a rule, the official terms of the GDPR are used in this privacy policy. The official definitions are explained in Article 4 of the GDPR.

3. Collection of General Data and Information

The website of Bioniks collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected information includes (1) user's Internet protocol address (IP address), (2) the number of times the IP has accessed the site, and (3) the date and time of access to the Internet site. This information may be used in the event of attacks on our information technology systems.

This information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Bioniks analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise. The anonymous data of the server log files are stored separately from all personal data provided by a data subject. In addition, a log file is used to evaluate system security and stability as well as for administrative purposes. The legal basis for the temporary storage of the data or the log file is Art. 6 (1) f GDPR.

For reasons of technical security, in particular to defend ourselves against attempted attacks on our web server, we store this data for a short period of time. When using these general data and information, Bioniks does not draw any conclusions about the data subject.

4. Cookies

The Internet pages of Bioniks use session cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Cookies are small text files that are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your terminal device. Session cookies are automatically deleted at the end of your visit.

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g., the shopping cart function or language settings). Other cookies are used to evaluate user behavior or to display advertising.

We process your data only by using absolutely necessary cookies is based on a legitimate interest in accordance with Art. 6 (1) (f) GDPR in the technically error-free provision of our services.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, existing cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers.

Most browsers also offer a so-called “do-not-track” function. When this function is activated, the respective browser tells advertising networks, websites and applications that you do not want to be “tracked” for the purpose of behavioral advertising and the like.

If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

5. Contact via the Website

The website of Bioniks contains information that allows quick electronic contact to our enterprise through a general inquiry contact form. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. Your data submitted through the contact form will be used to address questions about Bioniks company and our products. For regulatory purposes, we may track product feedback submitted through the web form and archive it in our quality system. There is no transfer of this data to third parties.

The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 (1) (f) GDPR and, if applicable, Art. 6 (1) (b) GDPR, if your request is aimed at concluding a contract. You can object to the processing of your personal data at any time in the case of Art. 6 (1) (f) GDPR.

6. Routine Erasure and Blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

7. Rights of the Data Subject

  • a) Right of Access (art. 15 GDPR)

    Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

    • The purposes of the processing;
    • The categories of personal data concerned;
    • The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
    • Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
    • The existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
    • The existence of the right to lodge a complaint with a supervisory authority;
    • Where the personal data are not collected from the data subject, any available information as to their source;
    • The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
    • Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

    If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

  • b) Right to Rectification (art. 16 GDPR)

    Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

    If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

  • c) Right to Erasure (Right to be forgotten) (art. 17 GDPR)

    Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
    • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
    • The personal data have been unlawfully processed.
    • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
    • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

    If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Bioniks, he or she may, at any time, contact any employee of the controller. An employee of jQuery Script shall promptly ensure that the erasure request is complied with immediately.

    Where the controller has made personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of Bioniks will arrange the necessary measures in individual cases.

  • d) Right of Restriction of Processing (art. 18 GDPR)

    Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

    • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
    • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
    • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

    If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Bioniks, he or she may at any time contact any employee of the controller. The employee of Bioniks will arrange the restriction of the processing.

  • e) Right to Data Portability (art. 20 GDPR)

    Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

    Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

    In order to assert the right to data portability, the data subject may at any time contact any employee of Bioniks.

  • f) Right to Object (art. 21 GDPR)

    Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

    Bioniks shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

    If Bioniks processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Bioniks to the processing for direct marketing purposes, Bioniks will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Bioniks for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

    In order to exercise the right to object, the data subject may contact any employee of Bioniks. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

  • g) Automated Individual Decision-making, Including Profiling (art. 22 GDPR)

    Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

    If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, Bioniks shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

    If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of Bioniks.

  • h) Right to Withdraw Data Protection Consent (art. 7 (3) GDPR)

    Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

    If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of Bioniks.

8. Legal Obligations

The provision of personal data for the decision on the conclusion of a contract, the fulfilment of a contract or for the implementation of pre-contractual measures is voluntary. However, we can only make the decision in the context of contractual measures if you provide such personal data that is required for the conclusion of the contract, the performance of the contract or pre-contractual measures.

9. Third Party Sharing

We do not share data collected on the website with third parties.

10. Website Development and Security.

Bioniks' websites are only for informational purposes and do not interact with personal data. The website server is hosted separately from the Kinetigram backend.

11) Subject to Change

We reserve the right to adapt or update this data protection declaration, if necessary, in compliance with the applicable data protection regulations. In this way, we can adapt it to the current legal requirements and take into account changes to our services, e.g., when introducing new services. The current version applies to your visit.

Contact us

If you have any questions about our privacy practices or this Privacy Policy, please contact us at:

Bioniks
2156 Central Avenue
Alameda, CA 94501
United States of America
Tel: +1 510.747.1947
Email: info@bioniks.net

If you have further questions or concerns, please contact our Data Protection Officer (DPO) at DP Dock DPO Services GmbH, Attn: Bioniks, Grüffkamp 10, 24159 Kiel, Germany and/or our EU Representative at Rivacy GmbH, Mexikoring 33, 20079 Hamburg, Germany.

Status of this Privacy Policy: August 2023