Dr. Markus Schmid, Dr. Johannes Ermer, GbR
Phone: 0961 – 47 03 71 10
Fax: 0961 – 47 03 71 30
Phone: +49 (0) 7554 / 98 654 – 0
Fax: +49 (0) 7554 / 98 654 – 10
Mobile: +49 (0) 171 / 545 44 88
TYPES OF PROCESSED DATA:
– Inventory data (e.g., names, addresses).
– contact information (e.g., e-mail, phone numbers).
– content data (e.g., text input, photographs, videos).
– usage data (e.g., websites visited, interest in content, access times).
– Meta / communication data (e.g., device information, IP addresses).
CATEGORIES OF AFFECTED PERSONS:
Visitors and users of the online offer (hereinafter we refer to the affected persons as “users”).
PURPOSE OF PROCESSING:
– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Audience measurement / Marketing
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
“Processing” means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes virtually every handling of data.
“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.
“Profiling” means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.
“Responsible person” means the natural or legal person, public authority, body or body that decides, alone or in concert with others, on the purposes and means of processing personal data.
“Processor” means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
RELEVANT LEGAL BASES
In accordance with Art. 13 DSGVO, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies:
The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 DSGVO, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.
We take appropriate technical measures in accordance with Art. 32 DSGVO, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 DSGVO).
COLLABORATION WITH PROCESSORS AND THIRD PARTIES
If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (eg if a transmission of the data to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) DSGVO to fulfill the contract), you have consented to a legal obligation or based on our legitimate interests (eg. the use of agents, webhosters, etc.).
If we commission third parties to process data on the basis of a so-called “contract processing contract”, this is done on the basis of Art. 28 DSGVO.
TRANSFERS TO THIRD COUNTRIES
If we process data in a third country (eg. outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. DSGVO. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (eg for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
RIGHTS OF AFFECTED PERSONS
You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 DSGVO.
You have accordingly. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 DSGVO, you have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 DSGVO.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 DSGVO and request their transmission to other persons responsible.
You have according to Art. 77 DSGVO the right to file a complaint with the competent supervisory authority.
RIGHT TO OBJECTION
You can object to the future processing of your data in accordance with Art. 21 DSGVO at any time. The objection may in particular be made against processing for direct marketing purposes.
COOKIES AND RIGHT TO OBJECT IN DIRECT MAIL
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart in an online shop or a login status are saved.
The term “permanent” or “persistent” refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A “third-party cookie” refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called “first-party cookies”).
If users do not want cookies stored on their computer, they will be asked to disable the option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
DELETION OF DATA
According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, relevant for taxation Documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).
According to legal regulations in Austria the storage takes place especially for 7 years according to § 132 paragraph 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
In addition we process
– contract data (e.g., subject, term, customer category).
– Payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
HEALTH CARE SERVICES
We process the data of our patients and prospective clients and other clients or contractual partners (uniformly referred to as “patients”) in accordance with Art. 6 para. 1 lit. b) DSGVO in order to provide them with our contractual or pre-contractual services. The data processed, the nature, scope and purpose and necessity of their processing are determined by the underlying contractual relationship. The processed data includes in principle inventory and master data of the patient (eg, name, address, etc.), as well as the contact data (eg, e-mail address, telephone, etc.), the contract data (eg, services used, purchased products, costs, names of contact persons) and payment details (eg, bank details, payment history, etc.).
As part of our services, we can also special categories of data gem. Art. 9 para. 1 DSGVO, here in particular information on the health of patients, possibly with reference to their sexual life or sexual orientation process. For this we get, if necessary, gem. Art. 6 para. 1 lit. a., Art. 7, Art. 9 para. 2 lit. a. DSGVO expressly consent to the patients and process the special categories of data otherwise for health care purposes on the basis of Art. 9 (2) (h). DSGVO, § 22 Abs. 1 Nr. 1 b. Federal Data Protection Act.
If required or required by law to perform the contract, we disclose or transmit patient information in the context of communicating with healthcare professionals, those required or typically required to perform the contract, such as, but not limited to, third parties. Laboratories, billing agencies or comparable service providers, provided that this is in line with the provision of our services in accordance with Art. Art. 6 para. 1 lit b. DSGVO serves, legally gem. Art. 6 para. 1 lit c. DSGVO is prescribed to our interests or those of patients in an efficient and cost-effective health care as a legitimate interest. Art. 6 para. 1 lit. F. DSGVO serves or gem. Art. 6 (1) lit. d. DSGVO is necessary. to protect vital interests of patients or another natural person, or in the context of consent in accordance with. Art. 6 para. 1 lit. a., Art. 7 DSGVO.
The data is deleted if the data for the fulfillment of contractual or legal duties of care and handling of any warranty and similar obligations is no longer required, with the necessity of preserving the data every three years is checked; otherwise the statutory storage obligations apply.
We process the applicant data only for the purpose and in the context of the application process in accordance with the legal requirements. The processing of the applicant data takes place in order to fulfill our (pre-) contractual obligations in the context of the application process within the meaning of Art. 6 para. 1 lit. b. DSGVO Art. 6 para. 1 lit. f. DSGVO if the data processing e.g. is required for us in the context of legal proceedings (in Germany, § 26 BDSG applies additionally).
The application process requires applicants to provide us with the applicant data. The necessary applicant data are, as far as we offer an online form marked, otherwise result from the job descriptions and basically include the information on the person, postal and contact addresses and the application documents, such as cover letter, CV and the certificates. In addition, applicants can voluntarily provide us with additional information.
Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO are voluntarily communicated within the framework of the application procedure, their processing is additionally carried out in accordance with Art. 9 (2) lit. b DSGVO (e.g., health information such as disability or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO are requested from applicants in the context of the application procedure, their processing is additionally carried out in accordance with Art. 9 para. 2 lit. a DSGVO (for example health data, if necessary for the profession).
If provided, applicants can submit their applications to us via an online form on our website. The data will be encrypted and transmitted to us according to the state of the art.
Furthermore, applicants can send us their applications via e-mail. However, please note that e-mails are generally not sent in encrypted form and that applicants themselves must provide encryption. We can therefore take no responsibility for the transmission of the application between the sender and the reception on our server and therefore recommend rather to use an online form or the postal delivery. Instead of applying via the online form and e-mail, applicants still have the opportunity to send us the application by post.
The data provided by the applicants may be further processed by us in the event of a successful application for employment purposes. Otherwise, if the application for a job offer is not successful, the applicants’ data will be deleted. Applicants’ data will also be deleted if an application is withdrawn, which the applicants are entitled to at any time.
The cancellation is subject to a legitimate cancellation of the candidate, after the expiration of a period of six months, so that we can answer any follow-up questions to the application and meet our obligations under the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with the tax regulations.
When contacting us (for example, by contact form, e-mail, telephone or via social media) the information of the user to process the contact request and its processing in accordance with. Art. 6 para. 1 lit. b. (in the context of contractual / pre-contractual relationships), Art. 6 para. 1 lit. f. (other requests) DSGVO processed .. User information can be stored in a Customer Relationship Management System (“CRM System”) or similar request organization.
We delete the requests, if they are no longer required. We check the necessity every two years. Furthermore, the legal archiving obligations apply.
JAMEDA SEAL AND WIDGET
Within our online offer, we include the seal and / or widget of the doctor rating portal Jameda, offered by Jameda GmbH, St.-Cajetan-Str. 41, 81669 Munich, Germany.
A widget is a feature and content element embedded within our online offering that displays variable information. The seal also works in a similar way and can contain dynamic and variable content. Although the corresponding content is displayed within our online offer, it is currently being retrieved from Jameda’s servers. Only in this way can the current content always be shown, above all the current rating. For this purpose, a data connection from the web page called up to Jameda must be established and Jameda receives certain technical data (access data), which are necessary for the content to be delivered. However, this data will only be used to provide the content and will not be stored or otherwise used.
According to information from Jameda, no cookies are set by the seal or widget, nor are users of our online offer otherwise “tracked”, their visit to our online offer is not noted or otherwise stored. The IP address is used by Jameda alone to transmit the widget to the browser, as a necessary technical step, processed and not saved. Further processing of the users of the data by Jameda and the assignment to visit our online offer can only be made when the users click on the widget or the seal.
With the help of the Jameda seal or widget, we can inform the users of our online offer about our evaluations at Jameda. We set the seal or widget based on our legitimate interests in the information of interested parties or patients about our services acc. Art. 6 para. 1 lit. f. DSGVO.
HOSTING AND E-MAILING
The hosting services we use to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mailing, security, and technical maintenance services that contribute to the use of the online offering.
Here we work, or our hosting provider bestseller, contact data, contact data, contract data, usage data, meta and communication data of customers, prospects and visitors to this online offer based on our online offer. Art. 6 para. 1 lit. f DSGVO i.V.m. Art. 28 DSGVO (conclusion of contract processing contract).
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active)
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to their use of the online offer as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en
The personal data of users will be deleted or anonymized after 14 months.
ONLINE PRESENCE IN SOCIAL MEDIA
We maintain online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services.
We point out that data of the users outside the area of the European Union can be processed. This may result in risks for the users because e.g. enforcement of user rights could be made more difficult. With respect to US providers certified under the Privacy Shield, we point out that they are committed to respecting EU privacy standards.
Furthermore, the data of the users are usually processed for market research and advertising purposes. Thus, e.g. user profiles are created from the user behavior and the resulting interests of the users. The usage profiles can in turn be used to e.g. Place advertisements inside and outside the platforms that are allegedly in line with users’ interests. For these purposes, cookies are usually stored on the computers of the users, in which the user behavior and the interests of the users are stored. Furthermore, in the usage profiles, data can also be stored independently of the devices used by the users (in particular if the users are members of the respective platforms and logged in to them).
The processing of the personal data of users is based on our legitimate interests in an effective information of users and communication with users in accordance with. Art. 6 para. 1 lit. f. DSGVO. If the users are asked by the respective providers for a consent to the data processing (that is, they declare their agreement, for example, by ticking a check box or confirming a button), the legal basis of the processing is Art. 6 para. a., Art. 7 DSGVO.
For a detailed description of the respective processing and the possibilities of contradiction (opt-out), we refer to the following linked information of the provider.
Also in the case of requests for information and the assertion of user rights, we point out that these can be claimed most effectively from the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, then you can contact us.
opt-out: https: // www. facebook.com/settings?tab=ads
Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
– Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – Datenschutzerklärung: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
– Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Datenschutzerklärung/ Opt-Out: https://instagram.com/about/legal/privacy/.
– Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Datenschutzerklärung: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.
– Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) – Datenschutzerklärung/ Opt-Out: https://about.pinterest.com/de/privacy-policy.
– LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Irland) – Datenschutzerklärung https://www.linkedin.com/legal/privacy-policy , Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.
– Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Deutschland) – Datenschutzerklärung/ Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung.
INTEGRATION OF SERVICES AND CONTENTS OF THIRD PARTIES
Based on our legitimate interests (eg. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), we make use of content or services offered by third-party providers in order to provide their content and services Services, such as Include videos or fonts (collectively referred to as “content”).
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.
Created with Datenschutz-Generator.de of lawyer Dr. Thomas Schwenke