Privacy Policy

Terms and Conditions of use for the website of Industrie Biomediche Insubri SA (also briefly IBI), www.ibi-sa.com, and all its related and connected all being full property of Industrie Biomediche Insubri SA.

Industrie Biomediche Insubri S.A. is a Swiss company established under the Swiss Federal Law.

1. SCOPE OF APPLICATION, MODIFICATIONS

1.1. Access to, and use of, any part of the website of IBI (hereinafter “the Website”), any document, material or other information, including text, images, sound and software (hereinafter “Information”) made available on the Website and any of the services provided via the Website (hereinafter “Services”) are governed by these terms and conditions of use (hereinafter “Terms and Conditions”) and constitute acceptance of these Terms and Conditions by the user.

1.2. These Terms and Conditions may be superseded by other terms and conditions applicable to individual services or parts of the Website, irrespective of whether or not these Terms and Conditions expressly refer to such other terms and conditions.

1.3. IBI reserves the right to amend these Terms and Conditions at any time by posting amended Terms and Conditions on the Website. Such amendments take effect on the date on which they are posted. Continued use of the Website or its services constitutes acceptance of the changes concerned.

1.4. If any provision of these Terms and Conditions is for any reason held to be invalid, illegal or otherwise unenforceable, such unenforceability does not affect any other provision; the Terms and Conditions are then to be construed as if they had never contained the provision(s) in question and are to be interpreted, in so far as possible, in such a way as to maintain their original intent.

2. PURPORSE OF THE WEBSITE, MODIFICATIONS, ACCESS

2.1. The general purpose of the Website is to enhance public access to information about IBI, its products and its activities and, in particular, to grant access to documents held by IBI in accordance with applicable legal provisions; it will also offer additional services, such as facilities for interactive communication with IBI and/or other users (subject to the specific provisions in Section 9 and any other additional terms and conditions of use).

2.2. Subject to any legal provision governing access to documents held by IBI in electronic form, IBI reserves the right to modify, limit or discontinue – in full or in part and without prior notice – the Services and Information available on the Website at any time, to restrict access to the Website and to deny, without notice and at its sole discretion, any user’s access to the Website or any part thereof.

3. USER OBLIGATIONS

3.1. Users of the Website must comply with all applicable laws and regulations. They must refrain from violating or attempting to violate IBI’s network security, and, in particular, from uploading or attaching virus-containing or corrupted files or any software or programs that might damage the operation of another user’s computer. Users must furthermore refrain from restricting, or attempting to restrict in any way access to or use of the Website or any Services by other users (for example by generating, whether manually or in an automated fashion, unusually high numbers of service accesses).

3.2 The Website is not intended to be a source for bulk downloads of data.

4. CONTENT

4.1. Unless otherwise stated, the Information is of a general nature only and not intended to address the specific circumstances of any particular case, individual or entity. IBI cannot guarantee that the Information is always comprehensive, complete, accurate and up-to-date. Consequently, IBI accepts no responsibility for any loss or damage that may arise from reliance on the Information.

4.2. The Information in no case constitutes professional or legal advice.

4.3. This Website does NOT offer any medical consultancy NOR any medical assistance! All available information have ONLY informative purposes. It is ALWAYS recommended to address clinical needs and medical assistance requests to specialized medical staff.

4.4. Where parts of the Information bear the name of their author(s) or are otherwise clearly attributable to a person or institution not directly affiliated to IBI, they do not necessarily reflect the views of the IBI, which cannot guarantee their accuracy and reliability.

4.5. IBI does not make any representation or issue any guarantee, either express or implied, as to the accuracy, availability, suitability or content of information or services hyperlinked from the Website. Reference on the Website to third-party events, statements, services or products does not necessarily constitute the endorsement or support by IBI for such events, statements, services or products, which remain the sole responsibility of the third party concerned.

5. COPYRIGHT, USE OF CONTENT

5.1. Subject to legal provisions exempting official publications from copyright, all Information published on the Website is protected by copyright and owned or controlled by  IBI. IBI SA reserves all rights to the extent possible under copyright law.

5.2. Without prejudice to paragraph 3 below, users may use the Information obtained directly from the Website without acquiring a copyright or other proprietary rights to it, unless otherwise stated and subject to the following:

  • When such Information is distributed or reproduced, it must appear accurately and the Website must be cited as its source.
  • Where users establish links to a specific part or site of the Website, the Website must be the sole element of the browser’s window, i.e. it must not appear within another website’s frame.

This right to use does not allow the user to copy all – or a substantial part of – data, data structure and software of IBI databases made available on the Website; in particular, it does not allow any use of data mining, robots, or similar data-gathering and extraction tools.

Any commercial use of the content of IBI website is stricly forbidden.

No other use of the Information is permitted without prior written authorisation from IBI.

5.3. As an exception to the above, the IBI ‘s official logo and registered trademarks remain protected and may not be used or reproduced without the IBI’s prior written consent, which may be requested at legal@ibi-sa.com. Photographs and other graphical or image material may not be reproduced, published or reprinted without the IBI’s prior written consent, unless the photographs and material are expressly made available for download.

6. TECHNICAL ERRORS AND MALFUNCTIONS, AVAILABILITY

6.1. IBI aims at minimising technical errors and malfunctions. However, some data or other parts of the Information may have been created or structured in files or formats that are not error-free. IBI cannot guarantee that the underlying files and the formats used are error-free and will not cause the user’s systems to malfunction.

6.2. IBI cannot guarantee that the Website and the Services will always be available. Whilst IBI is committed to ensuring that the availability of the Website will be essentially uninterrupted and that transmissions will be error-free, this cannot be guaranteed. Access to the Website and its Services may also occasionally be suspended, restricted or impeded to permit repairs, maintenance or the introduction of new services or facilities.

6.3. IBI accepts no responsibility with regard to such problems (including, but not limited to, failure of performance, computer virus, communication line failure, alteration of content, etc.) encountered as a result of using the Website or any linked external sites.

7. LIABILITIES

7.1. IBI will use reasonable efforts to include up-to-date and accurate information in this Website, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided.

7.2 IBI shall not be liable for any damages or injury resulting from your access to, or inability to access, this Website, or from your reliance on any information provided at this Website.

7.3. IBI shall not be liable and accepts no representation or responsibility for the functionality or contents of external websites, services or software products hyperlinked from the Website. The use of such websites, services or software products is at the sole risk of the user.

8. PRIVACY INFORMATION SHEET FOR WEBSITE USERS www.ibi-sa.com

PURSUANT TO ART. 13 REG. EU 2016/679

This notice is in relation to the processing of the data acquired through your activities on www.ibi-sa.com and is therefore valid only for visitors/users of said site. It does not apply to information collected through channels other than the same Data Controller.

8.1 DATA CONTROLLER

The Data Controller of your data collected through www.ibi-sa.com is IBI Industrie Biomediche S.A. with registered office at Via Cantonale 67, Mezzovico-Vira (Switzerland).

Contact Email: gianni@ibi-sa.com

8.2 SUBMISSION AND TYPE OF DATA PROCESSED

8.2.1 Browsing Data
The computer systems and procedures used to operate the Site acquire, during the course of their normal operation, certain personal data whose transmission is implicit in the use of Internet communication protocols (for example, IP addresses or domain names of computers used by users who connect to the Site, the time, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server and other parameters relating to the operating system and computer environment of the user).

This data is used for the sole purpose of obtaining anonymous statistical information regarding the use of the site and to control its proper functioning. This is information that is not collected in order to be associated with identified data subjects, but by its very nature could, through processing and association with data held by third parties, allow users to be identified. The provision of such data in anonymous form is necessary in order to allow access to, and the consultation of, the content of the website.

8.2.2 Data provided by the user
This is with regard to that personal data that is required in order to complete the contact form available within specific sections of the site and in order to subscribe to the newsletter service. To access the services offered by the site www.ibi-sa.com it is necessary to enter some obligatory data in order to allow IBI S.A. to provide a response to your requests.

Specifically:

  • for submitting generic requests within the “Contacts” section the following data will be processed: your name, your home country and your e-mail address, as well as any particular data entered into the free text field.
  • For any reports and complaints in relation to the IBI S.A. products entered in “Vigilance” section, the following will be processed: your name, your home country and your e-mail address, as well as any particular data entered into the free text field.
  • For subscribing to the Newsletter your name and email address will be processed.
  • For sending requests of the type “Where are our distributors”, the following will be processed: your name, second name, e-mail address, telephone number, the distribution area within which you are searching for and the product.
  • To submit requests in the “Do you want to be a distributor” section, the following will be processed: your name, second name, e-mail address, telephone number, the area within which you intend to be active, and the type of product, as well as any particular data entered into the free text field.
  • On the SmartBook Dental and SmartBook Ortho request forms the following data you provide will be processed: first and last name, working area, home country, e-mail address.
  • On the form Availability in order to submit your availability request the following information will be processed: your name and surname, your home country and your e-mail address, as well as any particular data entered into the free text field.

The provision of such data is optional. Failure to provide it will however result in IBI S.A. being unable to follow up with you or provide you with the services offered on the site.

8.2.3 Cookies
The IBI S.A. policy regarding the use of Cookies is available on the Web page www.ibi-sa/cookie-policy/ where the types of cookies installed by the Site are indicated and also how to manage your preferences in relation to the cookies.

8.3 PURPOSE AND LEGAL BASIS

8.3.1 Browsing Data are acquired by the computer systems and software procedures of this Website for its normal operation. This is information that is not collected in order to be associated with identified data subjects, but by its very nature could, through processing and association with data held by third parties, allow users to be identified.

This processing is lawful based upon the pursuit of the legitimate interest of the data controller (Article 6, paragraph 1, letter f of the Regulation).

These data are automatically captured by computerised and information systems that allow the Site to operate.

The personal data you provide within the dedicated sections of the site will be used for the following purposes:

  • To respond to requests of any kind sent by completing the form available on Website in the “Contacts” section the processing of your common data is lawful based upon the legitimate interest of the Data Controller to provide feedback regarding requests made by you through the site www.ibi-sa.com (Article 6, paragraph 1, letter a) of the Regulation); the processing of your particular data, that you may have entered into the message field, will be carried out on the basis of your explicit consent (Article 9, paragraph 2, letter a) of the Regulation).
  • To provide feedback to advanced product reports and complaints by completing the form available in the “Vigilance” area: this processing is lawful on the basis of a legislative obligation incumbent upon IBI (article 6, paragraph 1, letter c) of the Regulation); the processing of your particular data, that you may have entered into the message field will be based upon public interest in the field of public health on medical devices (Art. 9, paragraph 2 letter i) of the Regulation).
  • To provide you with the IBI S.A. information newsletter via e-mail: this processing is lawful based upon your adherence to the newsletter submission service (Article 6, paragraph 1, letter b) of the Regulation), without prejudice to the possibility for you to object at any time to this processing (so-called “opt-out” option, which can be exercised by clicking on the link available at the bottom of the newsletter or by request to the e-mail address: marketing@ibi-sa.com).
  • To respond to your request via e-mail to provide information regarding the presence of IBI SA in various countries around the world, This processing is lawful based upon your adherence to the request to have information concerning our local distributors (Article 6, paragraph 1, letter b) of the Regulation).
  • To respond to your request to become an IBI SA distributor this processing is lawful based upon your agreement to become our new partner (Article 6, paragraph 1, letter b) of the Regulation).
  • To send to you via e-mail the company book, in digital format, “SmartBook Dental” and “SmartBook Ortho”. Your personal data may also be processed in order to inform you about subsequent editions of the book or news relating to the product in question that may be of interest to you, via Newsletter. This processing is lawful based upon your adherence to the newsletter submission service (Article 6, paragraph 1, letter b) of the Regulation), without prejudice to the possibility for you to object at any time to this processing (so-called “opt-out” option, which can be exercised by clicking on the link available at the bottom of the newsletter or by request to the e-mail address: marketing@ibi-sa.com).
  • To respond to your availability request regarding the dates of production SmartBone® On Demand™ this processing is lawful based upon your adherence to the request to have information concerning our local distributors (Article 6, paragraph 1, letter b) of the Regulation).

8.4 PROCESSING METHODS

Personal data are processed using electronic/informatics tools, in full compliance with the law, according to principles of lawfulness and correctness and in such a way as to protect their confidentiality.

8.5 USER RIGHTS

Users have a number of rights under Regulation (EU) 2016/679. These are:

  • right of access to your personal data (once you have confirmed that your data is subject to processing by the data controller);
  • right to obtain the rectification and the integration of your data;
  • right to obtain the cancellation of your data;
  • right to obtain the restriction of the processing of your personal data in the presence of certain conditions;
  • right of receive the personal data provided to the data controller in a structured and commonly used format, and to transmit them to a different controller;
  • right to oppose the processing of the personal data if there are reasons related to your personal situation;
  • right not to undergo automated decision making;
  • right to obtain communication in the event of a serious breach of your data;
  • right to withdraw the consent to the processing carried out on the basis of the latter at any time;
  • right to present a complaint in front of a Supervisory Authority.

Such requests may be addressed to the Data Controller at the following e-mail address gianni@ibi-sa.com.

You will receive a reply as soon as possible and, in any case, no later than 30 days from your request.

8.6 TRANSFER OF YOUR DATA TO COUNTRIES LOCATED OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)

Currently, the Data Controller does not transfer your data to companies and/or international organisations located outside the EEA.

Nevertheless, it is understood that, if necessary, the Data Controller will have the right to transfer personal data within the EU and/or in countries outside the European Economic Area.

In this case, the Data Controller assures, with immediate effect, that the transfer of data will take place in accordance with Articles 44 and et seq. of the Regulations and with the applicable legal provisions in stipulating, if necessary, agreements that guarantee an adequate level of protection.

8.7 DURATION OF THE PROCESSING

The personal data you have provided to us, in order to send us your requests, will be kept for the period necessary to provide you with this information.

Personal data, including special data, that you have provided to us, in the context of reports relating to the Medical Device, will be retained for a period of 15 years.

The personal data you have provided to us for the Newsletter service will be retained for a period of 24 months, unless you wish to continue receiving such promotional communications.

Beyond these time limits, your personal data will be deleted.

8.8. COMMUNICATION AND DISSEMINATION OF DATA

The data processed by IBI S.A., via the website www.ibi-sa.com, will be accessible only to subjects participating in the management of the same. The list of subjects appointed as Data Supervisors pursuant to Art. 28 of the Regulation to whom we communicate your data, can be requested by means of a simple e-mail to marketing@ibi-sa.com.

8.9 UPDATES

This privacy policy is updated as of 24/11/2020.

The data controller reserves the right to amend this information: it is therefore recommended to check the information relating to data processing each time you access the site.

Contacts

IBI S.A.
Industrie Biomediche Insubri S.A.
via Cantonale 67, CH-6805 Mezzovico-Vira, Switzerland
t. +41 91 93.06.640
f. +41 91 220.70.00