Data Privacy Policy

Last Updated: March 4, 2024

We are very pleased about your interest in our company. Mane Biotech GmbH together with its trademark niostem attaches great importance to data protection. Please read our Privacy Policy below to learn more about the decisions you can make about your personal information and how we collect, use and disclose information when you use our products, services and websites, including niostem devices and associated applications (e.g. niostem App), and our websites located at www.niostem.com and 
www.manebiotech.com (collectively, “Products”).

Mane Biotech GmbH together with its trademark niostem Products can generally be used without providing any personal data. However, if a person concerned wishes to make use of specialservices offered by our company via our Products, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned. The processing of personal data, such as the name, age, gender, birthdate, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to Mane Biotech GmbH together with its trademark niostem.

By means of this privacy policy, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, this data protection declaration informs affected persons about the rights to which they are entitled. Mane Biotech GmbH together with its trademark niostem, as the data controller, has implemented numerous technical and organisational measures to ensure that the personal data processed via its Products are protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.

  1. Definitions
    The Definitions are based on the terminology used by the European Directive and Regulation Giver when the Basic Data Protection Regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand, both for the public and for our stakeholders and project partners. To ensure this, we would like to explain the terms used in advance.

    We use the following terms, among others, in this privacy policy:
    • Personal data
      Personal data is any information relating to an identified or identifiable natural person (hereinafter "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
    • Data subject
      Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
    • Processing
      Processing is any operation or set of operations, performed with or without the aid of automated means, concerning personal data, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
    • Restriction of processing
      Restriction of processing is the marking of stored personal data with the aim of restricting their future processing
    • Pseudonymization
      Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures that ensure that the personal data is not assigned to an identified or identifiable natural person.
    • Controller or data controller
      Controller or data controller is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or by the law of the Member States,
      the controller or the specific criteria for its designation may be provided for by Union law or by the law of the Member States.
    • Contract processors
      Processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
    • Recipient
      The recipient is a natural or legal person, authority, institution or other body to whom personal data is disclosed, whether or not it is a third party. However, public authorities which may receive personal data in the course of a specific investigation mandateunder Union or national law shall not be considered as recipients.
    • Third party
      A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
    • Consent
      Consent is any freely given, informed and unequivocal expression of the data subject's will in a specific case, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
    • Activity Data
      means data such as session start and end times and dates collected by us based on your activity.
    • Location Data
      means your location features when using our iOS and Android mobile applications to enable use of Bluetooth functionality exclusively. Location Data is not use by niostem directly.
    • niostem Data
      means Sensor Data, Processed Data and Activity Data
    • Personal Device
      means smartphones and other web-connected devices you use that integrate with our Products.
    • Preference Data
      means data you provide regarding your preferences, such as session reminders, and any other data you choose to input; for example, notes you record in the application after a niostem session.
    • Processed Data
      means data such as electrode-scalp contact which is generated by us by processing Sensor Data.
    • Purchase Information
      means your name, email address, shipping address, billing address, phone number, account information, other information you share during the purchasing process, details of the product or subscription purchased, the date and time of the order or
      subscription, the quantity and price of the order or subscription, whether payment was made, method of payment, purchase orsubscription history, and whether you re-ordered or renewed a subscription.
    • Sensor Data
      means data such electrode-scalp contact and battery status data collected through the sensors on the niostem device.
    • Transmission Data
      means your log data such as the date and time of syncing of your Personal Device with our servers, duration of the time spent using our applications and our devices on your Personal Device, the Mac address of your niostem device, the Firmware version of your niostem device, and the Internet Protocol (IP) address of your
      Personal Device. 

  2. Name and Address of the Data Controller
    Responsible in the sense of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations with data protection character is that:

    Mane Biotech GmbH
    Stüttgerhofweg 1
    50858, Cologne
    Germany

    Tel.: +4917662515766

    E-mail: info@niostem.com

    Website: www.niostem.com


    Visitor address:

    c/o Startplatz (3rd floor)
    Im Mediapark 5
    50670 Cologne
    Germany

  3. Cookies
    Mane Biotech GmbH together with its trademark niostem Products, as the responsible for processing, has implemented numerous technical and organisational measures to ensure that the personal data processed via its Products is protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every
    person concerned is free to transmit personal data to us by alternative means, for example by telephone. Cookies are text files which are stored on a computer system via an Internet browser. Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It
    consists of a string of characters that can be used to assign Internet pages and servers to the specific Internet browser in which the cookie was stored.

    This enables the Internet pages and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified by the unique cookie ID. Through the use of cookies, Mane Biotech GmbH together with its trademark niostem can provide the users of this website with more user-friendly services, which would not be possible without the setting of cookies. By means of a cookie, the information and offers on our website can be optimized in the interest of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in the online store.

    The online store uses a cookie to remember the items that a customer has placed in the virtual shopping cart.The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore,cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.

  4. Collection of general data and information
    The Products of Mane Biotech GmbH together with its trademark niostem collects a number of general data and information every time the Products are accessed by a person concerned or by an automated system. This general data and information is stored in the server log files.The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing
    system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems.
    When using this general data and information, Mane Biotech GmbH together with its trademark niostem does not draw any conclusions about the person concerned. Rather, this information is required in order to (1) deliver the contents of our products, e.g. website correctly, (2) optimise the contents of our website, (3) ensure the long-term functionality of our information technology systems and the technology of our products, and (4) provide law enforcement agencies with the information necessary for
    prosecution in the event of a cyber attack. These anonymously collected data and information are therefore statistically evaluated by Mane Biotech GmbH together with its trademark niostem on the one hand and also with the aim of increasing data protection and data security in our association, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by an
    affected person.

  5. Registration on our website and our App
    The data subject has the possibility to register by providing personal data on the website or/and the App of the data controller. The personal data transmitted to the data controller is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the data controller and for the data subject's own purposes. The data controller may arrange for the transfer to one or more processors, such as a parcel
    service provider, who shall also use the personal data exclusively for internal use attributable to the data controller.


    By registering on the Internet site of the data controller, the IP address assigned to the data subject by the Internet service provider (ISP), the date and time of registration are also stored. This data is stored with the aim of preventing the misuse of our services and, if necessary, to enable the investigation of criminal offences. To this extent, the storage of this data is necessary to protect the person responsible for processing. As a
    matter of principle, this data will not be passed on to third parties unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution.


    The registration of the data subject under voluntary disclosure of personal data serves the purpose of the data controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the data controller. The data controller shall, upon request, provide any data subject at any time with information as to which personal data relating to the data subject have been stored. In addition, the data controller shall correct or delete personal data at the request or notification of the data subject, provided that this does not conflict with any statutory storage obligations. The entire staff of the data controller is available to the data subject as contact persons in this context.

  6. Information we collect and how we use it when you use or access our Products
    When you set up an account with us, you will need to provide us with information such as your login credentials (e.g. your email address, name, gender, birthdate and/or password) and payment information, when applicable. Instead of providing us with your login credentials, you may also be able to use a third-party service such as Google Sign-in or Apple sign-in to create an account with us. When doing so, you authorise
    us to access certain account information (consistent with your privacy settings on the third-party service), such as your name, email address and age. We use the foregoing information for the purpose of creating and accessing your account. Your payment information is used to process your payments, if applicable.

    niostem mobile Application (App)
    The niostem mobile application in conjunction with the niostem device is designed to assist users combating their common hair loss (pattern baldness).

    Creating an account: To use our niostem mobile application, you will be asked to download our mobile application and create an account.

    Collection of personal and health data
    Niostem will ask users additional information when users create an account on the niostem mobile application. This information includes: details about your hair loss (when the hair loss started, family history, exact location of the hair loss on the head, hair loss stage, skin/scalp conditions e.g. diseases), gender, and birthdate. Data in context of your hair loss might be qualified as health data acc. to. Art. 9 GDPR. The legal basis for the processing is your consent in accordance with Art. 9 (2a) GDPR. Consent can be revoked at any time. When using the niostem mobile application: When you use the niostem application with the niostem device, we record, process and
    store your Activity Data, Sensor Data, Preference Data, Processed Data and Transmission Data. We use the data referenced in the preceding sentence to provide you with real-time feedback during a niostem session, reports after niostem sessions, customer support, automatic reminders, scientific research, technical troubleshooting, performance management and product enhancement. When you use an Android and
    an iOS Personal Device to access the niostem application, we also need to access your Location Data during that use in order to enable Bluetooth connectivity; however, we do not store this Location Data.

    Websites
    We use www.niostem.com and www.manebiotech.com to provide information and market and/or sell certain Products.

    When using our Websites: We collect information about how you use our websites, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you’re using and have last used our website, and what posts, videos and other content you view on our websites. We
    collect information from and about the Personal Devices you use to access our websites, and we combine this information across your different Personal Devices. For example, we use the information collectedabout your use of our websites on one of your Personal Devices, such as your smartphone, to better personalise the content or features you see when you use our websites on another Personal Device, such as your
    laptop or tablet, or to measure whether you took an action in response to an advertisement we showed you on your smartphone on a different device. Our access to and use of information from Personal Devices and our use of cookies and tracking technologies is further described below under “Cookies”.

    We use technologies to deliver products and services, to make it easier for you to use our websites, enable you to move around the website and use their features, such as accessing secure areas, and store information so that we respond faster. We may use these technologies to collect information about how you use the website, for example which pages you visit most often and if you receive error messages from certain
    pages. We may use technologies to allow us to remember choices you make (such as your user name, language or the region you’re in) and tailor the website to provide enhanced features and content for you. We may use technologies to deliver advertising that is relevant to your interests.

    These technologies can remember that your Personal Device has visited a site or service, and may also be able to track your Personal Device’s browsing activity on other sites or services other than www.niostem.com or www.manebiotech.com.Information collected from Personal Devices may be shared with organisations outside of our company, such as advertisers and/or advertising platforms to deliver the advertising, and to help measure the effectiveness of an advertising campaign. We may also use information collected through these technologies to understand, improve, and research products and services.

    Purchases from our websites and App
    While payments made through or for our Products are processed through a third-party payment processor, we collect and use information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details. We use this information to the extent necessary to provide you
    with the Products you request in accordance with our terms, including to administer, manage, and fulfill the purchases or subscriptions you make and for inventory management and our other legitimate business interests.

    Contacting us
    When you contact us with a comment, question, or complaints via telephone call, email, via the App Contact Us form, via the App’s chat or other means, we collect information like the identity of the caller or sender of email or other communication, the date and time of the call or message, and the subject and resolution of the issue. Your customer service telephone calls, emails, chats, and other communications with us
    may be recorded, logged, and/or monitored for quality assurance, and/or product and service enhancement purposes such as to assist in addressing your inquiries, troubleshooting, training, and analytics to identify trends and make improvements to our products. We will do so to the extent necessary to respond to and communicate with you about your comment, question, or complaint and in improving our products and services.

    Marketing and other communications
    We may offer you the ability to sign-up to receive promotional, educational and motivational communications, including news, product updates, in-app announcements, push notifications, motivational tips, event updates, and offers and communications from us. If you sign-up, we collect certain personal information (such as first and last name, mobile number, and email address) which we use to send you such communications.  

    Marketing communication consent
    By providing your email address or mobile number you agree that you expressly consent to receive educational, and promotional communications from us or on behalf of the email address and/or mobile phone number provided. 

    Notifications may be sent out with your consent via SMS, in-app announcement, push notification, or email to encourage, motivate, teach, or otherwise engage you with our Products.

    Push notification opt-out
    Push notifications can be turned off in the settings section of your Connected Device.

    Email communication opt-out
    You can unsubscribe from receiving promotional, educational and motivational emails or update your preferences of regarding the type of communication you no longer wish to receive from us at any time by simply clicking the appropriate “unsubscribe” link provided at the bottom of such emails or by contacting us via info@niostem.com or the mailing address provided below. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your account or transactions with us.

    Information that we share
    We will not disclose, trade, rent, sell, or otherwise share personal information, without consent, except as otherwise set out herein, in any special consent you have provided, or as permitted or required by law.

    Use of de-identified data
    Some of the information that you share with us or that we collect about you may not by itself identify you to us or be personally identifiable and therefore may not be considered personal information. We may also remove personal identifiers from your information to render such personal information non-identifiable. This includes niostem Data and in-app surveys. We maintain and use it as de-identified data, and may
    combine such de-identified data with other information to generate aggregated data. We use such de-identified and/or aggregated information to help us improve our product and service offerings, and may also provide de-identified and/or aggregated data to researchers in connection with research programs.

    How does niostem keep your information safe?
    We take data privacy seriously and have implemented physical, technical, and administrative safeguards designed to appropriately protect the security and privacy of your personal information against loss, theft, and unauthorised access, copying, use, disclosure, or modification. We limit access to your personal information to employees
    and authorised service providers with a need to know to fulfil their designated functions.

  7. Subscription to our newsletter and event invitations
    On the website and App of Mane Biotech GmbH together with its trademark niostem users are given the opportunity to subscribe to newsletters and invitations to public and free events of our association. Which personal data will be transmitted to the data controller when ordering the newsletter can be seen from the input mask used for this
    purpose.

    The Mane Biotech GmbH together with its trademark niostem informs interested parties at regular intervals about the activities of the association by means of newsletters and event invitations. Newsletters and event invitations from our association can only be received by the person concerned if (1) the person concerned has a valid e-mail address and (2) the person concerned registers for the corresponding mailing. For legal reasons, a confirmation e-mail will be sent to the e-mail address first registered by a person concerned for the mailing using the double
    opt-in procedure. This confirmation mail is used to check whether the owner of the e-mail address has authorised receipt as the person concerned.

    When registering for the newsletter, we also save the IP address assigned by the Internet service provider (ISP) of the computer system used by the person concerned at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject's e-mail address at a later date and therefore serves to provide legal protection
    for the data controller.

    The personal data collected during registration for newsletters and event invitations is used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as might be the case if changes are made to the newsletter offer and event invitations or if technical conditions change.

    The personal data
    collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter and event invitations can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service and the sending of event invitations, can be revoked at any time. For the purpose of revoking the consent, there is a corresponding link in every newsletter and every invitation. Furthermore, it is possible to unsubscribe from the newsletter and event invitation mailing at any time by notifying the data controller.

  8. Newsletter tracking
    The newsletters and event invitations of Mane Biotech GmbH together with it’s trademark niostem contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such emails that are sentin HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Mane Biotech GmbH together with it’s trademark niostem may see if and when
    an e-mail was opened by a data subject, and which links contained in the e-mail were called up by the data subject.

    Such personal data collected via the tracking pixel contained in the newsletters and event invitations are stored and analysed by the controller in order to optimise the sending of newsletters and invitations and to better tailor the content of future newsletters and invitations to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the
    separate declaration of consent given in this regard via the double opt-in procedure. After a revocation, this personal data will be deleted by the controller. The Mane Biotech GmbH together with it’s trademark niostem automatically regards a withdrawal from the receipt of the newsletter and event invitations as a revocation.

  9. Routine deletion and blocking of personal data
    The data controller processes and stores personal data of the data subject only for the time necessary to achieve the purpose of storage or if this is provided for by the European Directive and Regulation Giver or another legislator in laws or regulations to which the data controller is subject.


    If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with legalrequirements.

  10. Rights of the data subject
    • Right to confirmation
      Every data subject has the right, granted by the European Directives and Regulations, to obtain from the controller confirmation as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the data controller.
    • Right to information
      Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to obtain at any time and free of charge information from the data controller about the personal data stored about him and a copy of this information. Furthermore, the European Directive and
      Regulation Giver has granted the data subject access to the following information:
      1. the processing purposes
      2. the categories of personal data processed
      3. the recipients or categories of recipients to whom the personal
        data have been or will be disclosed, in particular to recipients in third countries or to international organisations
      4. if possible, the planned duration for which the personal data will
        be stored or, if this is not possible, the criteria for determining this
        duration
      5. the existence of a right of rectification or erasure of personal data
        concerning him or her or of a right of opposition to or limitation of
        the processing by the controller
      6. the existence of a right of appeal to a supervisory authority
      7. if the personal data are not collected from the data subject: All available information about the origin of the data


        Furthermore, the data subject has the right of information as to whether personal data has been transferred to a third country or to
        an international organisation. If this is the case, the data subject
        shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.


        If a data subject wishes to exercise this right of access, he or she
        may at any time contact an employee of the controller.
    • Right of rectification
      Every person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the immediate rectification of incorrect personal data concerning him. Furthermore, the data subject has the right to request the completion of incomplete personal data, also by meansof a supplementary declaration, taking into account the purposes of
      the processing.If a data subject wishes to exercise this right of rectification,
      he or she may at any time contact an employee of the controller.
    • Right of cancellation (right to be forgotten)
      Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.

      Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate deletion of personal data
      concerning him/her, if one of the following reasons applies and if the processing is not necessary:
    1. The personal data have been collected or otherwise processed for purposes for which they are no longer necessary. - the data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA, and there is no other legal basis for the processing - The data
      subject lodges an objection to the processing pursuant to Art. 21(1)DPA and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Art. 21(2) DPA. - The personal data were processed unlawfully. - The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject. - The personal data was collected in relation to information society services offered in accordance with Art. 8 Paragraph 1 DS-GVO.
    • If any of the above reasons apply and a data subject wishes to have personal data stored by Mane Biotech GmbH together with itstrademark niostem deleted, he/she may contact an employee of the data controller at any time. The employee of Mane Biotech GmbH together with its trademark niostem will ensure that the request for deletion is complied with without delay.

      If the personal data has been made public by Mane Biotech GmbH together with its trademark niostem and our association is responsible for the data in accordance with Art. 17 Para. 1 DS-GVO, the Mane Biotech GmbH together with its trademark niostem will take reasonable measures, including technical measures, taking into account the available technology and the implementation
      costs, to inform other data controllers who process the published personal data, that the person concerned has requested from these other data controllers the deletion of all links to these personal data or of copies or replications of these personal data, unless the processing is necessary. The employee of the Mane Biotech GmbH together with its trademark niostem will take the necessary steps
      in individual cases.
    • Right to limit processing
      Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to limit the processing if one of the following conditions is met:

      The accuracy of the personal data is contested by the data subject, for a period of time that allows the controller to verify the accuracy of the personal data.

      The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.

      The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.

      The data subject has lodged an objection to the processing in
      accordance with Art. 21 (1) DS-GVO and it is not yet clear whether the justified reasons of the controller outweigh those of the data subject.

      If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored at Mane Biotech GmbH together with its trademark niostem, he or she may contact an employee of the data controller at any time. The employee of Mane Biotech GmbH together with its trademark niostem will arrange for the restriction of the processing.
    • Right to data transferability
      Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her, which have been provided by the data subject to a data controller, in a structured, common and machine-readable format. He/she also has the right tohave this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6 paragraph 1 letter a DPA or Art. 9 paragraph 2 letter a DPA or on a contract pursuant to Art. 6 paragraph 1 letter b DPA and that the processing is carried out withthe aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

      In addition, when exercising their right to data transfer pursuant to Art. 20 Paragraph 1 DS-GVO, the data subject has the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.In order to assert the right to data transfer, the person concerned may contact an employee of Mane Biotech GmbH together with its trademark niostem at any time.
    • Right of appeal
      Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Art. 6(1)(e) or (f) of the DPA.

      In the event of an objection, the Mane Biotech GmbH together with its trademark niostem will no longer process the personal data, unless we can demonstrate compelling reasons for processing worthy of protection that outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defense of legal claims.

      If Mane Biotech GmbH together with its trademark niostem processes personal data for the purpose of direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. If the data subject objects to Mane Biotech GmbH together with its
      trademark niostem processing for the purposes of direct advertising, Mane Biotech GmbH together with its trademark niostem will no longer process the personal data for these purposes.

      In addition, the data subject shall have the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her which is carried out at Mane Biotech GmbH together with its trademark niostem for scientific or historical research purposes or for statistical purposesin accordance with Art. 89 para. 1 DS-GVO, unless such processing is necessary for the performance of a task in the public interest.
      In order to exercise the right to object, the data subject may directly contact any employee of Mane Biotech GmbH together with its trademark niostem or any other employee. The data subject is also free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
    • Automated decisions in individual cases including profiling
      Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and
      such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.

      If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the responsible person or (2) is made with the express consent of the data subject, the Mane Biotech GmbH together with its trademark niostem shall take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person from the
      responsible person, to present its own standpoint and to challenge the decision.

      If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact an employee of the controller.
    • Right to revoke a data protection consent
      Every person affected by the processing of personal data has the right granted by the European Directive and Regulation Giver to revoke his or her consent to the processing of personal data at any time.

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

  11. Rights of the data subject
    Data protection for applications and in the application process The data controller collects and processes the personal data of applicantsfor the purpose of processing the application procedure. The processingmay also be carried out by electronic means. This is particularly the case if an applicant submits relevant application documents to the data controller electronically, for example by e-mail or via a web form on the website or via the App. If the data controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in compliance with the
    statutory provisions.

    If the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, unless deletion is contrary to any other legitimate interests of the data controller. Other legitimate interests in this sense include, for example, a duty of proof in proceedings under the General Equal
    Treatment Act (AGG).

  12. Privacy Policy on the use of Digital Ocean
    We use Digital Ocean, a cloud infrastructure service, for our website. The service provider is the American company Digital Ocean LLC, 101 6th Ave, New York, NY, USA.Digital Ocean also processes data in the USA, among other places. Digital
    Ocean uses standard contractual clauses approved by the EU Commission (= Art. 46. para. 2 and 3 GDPR) as the basis for data processing with recipients based in third countries (in particular in the USA) or for data transfer there. These clauses oblige Digital Ocean to comply with the EU level of data protection when processing relevant data outside the EU. These clauses are based on the EU Commission Implementing Decision (EU) 2021/914 on standard contractual clauses for the transfer of personal data to third countries.You can find out more about the data processed through the use of Digital Ocean in the privacy policy at
    https://www.digitalocean.com/legal/privacy-policy/

  13. Privacy policy on the use of Facebook
    The data controller has integrated components of the company Facebook on this website. Facebook is a social network. A social network is a social meeting place operated on the Internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or it enables the
    Internet community to provide personal or company-related information.Facebook enables users of the social network to create private profiles, upload photos and network via friend requests, among other things.The operating company of Facebook is Facebook, Inc. 1 Hacker Way, Menlo Park, CA 94025, USA. The person responsible for processing personal data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, if a data subject lives outside the USA or Canada.

    Each time the data controller calls up one of the individual pages of this Internet site, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook is informed
    which specific subpage of our website is visited by the person concerned.If the person concerned is logged in to Facebook at the same time, Facebook recognises which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. Ifthe data subject clicks on one of the Facebook buttons integrated on our website, for example the "Like" button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook
    user account of the data subject and stores this personal data.

    Facebook receives information via the Facebook component about the fact that the data subject has visited our website whenever the data subject is logged in to Facebook at the same time when he or she accesses our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website.

    Facebook receives information via the Facebook component about the fact that the data subject has visited our website whenever the data subject is logged in to Facebook at the same time when he or she accesses our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website. The data policy published by Facebook,
    which is available at https://de-de.facebook.com/about/privacy/, provides
    information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the person concerned. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transfer to Facebook.

  14. Privacy policy on the use and application of Twitter (now X)
    The data controller has integrated components of the company Facebook on this website. Facebook is a social network. A social network is a social meeting place operated on the Internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or it enables the
    Internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friend requests, among other things. The operating company of Facebook is Facebook, Inc. 1 Hacker Way, Menlo Park, CA 94025, USA. The person responsible for processing personal data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, if a data subject lives outside the USA orCanada.

    Each time the data controller calls up one of the individual pages of this Internet site, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook is informed
    which specific subpage of our website is visited by the person concerned.If the person concerned is logged in to Facebook at the same time, Facebook recognises which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. If the data subject clicks on one of the Facebook buttons integrated on our website, for example the "Like" button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook
    user account of the data subject and stores this personal data.

    Facebook receives information via the Facebook component about the fact that the data subject has visited our website whenever the data subject is logged in to Facebook at the same time when he or she accesses our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If the data subject doesnot want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website.

    Facebook receives information via the Facebook component about the fact that the data subject has visited our website whenever the data subject is logged in to Facebook at the same time when he or she accesses our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If the data subject doesnot want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website. The data policy published by Facebook,
    which is available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by
    Facebook. It also explains which setting options Facebook offers to protect the privacy of the person concerned. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transfer to Facebook.

  15. Privacy policy on the use and application of YouTube
    The data controller has integrated YouTube components into this website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete film and television broadcasts, but also music videos, trailers or videos created by users themselves can be accessed via the Internet portal.

    YouTube is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Each time the data subject accesses any of the individual pages of this website operated by the data controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser onthe data subject's information technology system is automatically prompted by the relevant YouTube component to download a representation of the relevant YouTube component from YouTube. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/. In the course of this technical
    procedure, YouTube and Google are informed which specific subpage of our website is visited by the person concerned.

    If the person concerned is logged on to YouTube at the same time, YouTube recognises which specific subpage of our website the person concerned is visiting by calling up a subpage containing a YouTube video.This information is collected by YouTube and Google and assigned to the respective YouTube account of the person concerned.YouTube and Google receive information via the YouTube component that the data subject has visited our website whenever the data subject is logged on to YouTube at the same time when he or she visits our
    website, regardless of whether or not the data subject clicks on a YouTube video. If the data subject does not wish this information to be transmitted to YouTube and Google, he or she can prevent the transmission by logging out of his or her YouTube account before visiting our website.

    The privacy policy published by YouTube, which can be found at https://www.google.de/intl/de/policies/privacy/, provides information about the collection, processing and use of personal data by YouTube
    and Google.

  16. Legal basis of the processing
    Art. 6 I lit. a DS-GVO serves our association as a legal basis for processing
    operations for which we obtain consent for a specific processing purpose.
    If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on

    Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures,for example in cases of inquiries about our products or services. If our association is subject to a legal obligation which makes the processing of personal data necessary, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processingof personal data may be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, ifa visitor to our company was injured and his name, age, health insurancedetails or other vital information had to be passed on to a doctor, hospitalor other third party. In this case the processing would be based on Art. 6 I
    lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit.f DS-GVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our association or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a
    customer of the person responsible (Recital 47 Sentence 2 DS-GVO).

  17. Legitimate interests in the processing pursued by the controller or a third party
    If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.

  18. Duration for which the personal data is stored
    We have information retention processes designed to retain your personal information only for so long as we consider necessary for the purposes set out above, and for other legitimate business purposes including considering criteria such as applicable legal requirements and statutes of limitations, the duration of your use of the Products, and the information needed to support your warranty and support requests.

    Typically, we will retain your niostem account personal information for as long as you have an account on one or more of our Products. We will delete your personal information from our Products if your account becomes inactive, i.e., there has been no user log-in to the account for a period set by us from time-to time (such period of non-activity will not exceed 10 years) or if you withdraw your consent to the processing of your personal information (e.g., if you delete your account). In such case,backup copies of your personal information will be removed from our
    cloud, however it may persist in our database for a short period (up to 30 days) due to technical reasons. niostem may continue to use de-identified data and aggregate information obtained in connection with your use of the Products. Notwithstanding the forgoing, we may retain your purchase information, warranty, and customer support information to the extent necessary for our legitimate business interests and in accordance with our obligations under applicable law in order to serve you better; to delete this type of personal information, please contact us by our contact information.

    Your personal data is stored in data centers within the European Union. For technical reasons, our subcontractors may need to transfer data to other countries outside the EU. In this case, appropriate protective measures and standardized data protection measures approved by the EU Commission will be used.

  19. Legal or contractual regulations for the provision of personal data; necessity for the conclusion of contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
    We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provideus with personal data if our association concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

  20. Language
    If this Privacy Policy is translated in a language other than English, to the extent of any conflict between the English version and the translated version, the English version will prevail.