This data protection declaration clarifies the type, scope and purpose of personal data procession (hereinafter used as “data”) within our online presence and the associated websites, functions and content as well as external online channels, such as our social media profile (hereinafter jointly used as “online presence”). With regard to the used terms, e.g. “collection” or “responsible person”, we refer to the definitions in Art. 4 of German Basic Data Protection Law (DSGVO).
Dr. med. Catarina Hadamitzky Chirurgie
Owner: Dr. med. Catarina Hadamitzky
Types of data procession
- basic data (e.g., names, addresses)
- contact data (e.g., e-mail, telephone numbers)
- content data (e.g., text input, photographs, videos)
- usage data (e.g., visited web pages, interest in content, access times)
- Meta/communication data (e.g., device information, IP addresses)
Categories of data subjects
Visitors and users of the online site (in the following used as “users”).
Purpose of data procession
- provision of the online presence, its functions and content
- reply of contact requests and communication with users
- security measures
- reach measurement/marketing
Definition of used terms
“Personal data” shall mean any information related to an identified or identifiable natural person (hereinafter used as “affected person”). An identifiable person can be identified, directly or indirectly, in particular by reference to an identifier such as name, identification number, location data, online identifier (e.g. cookie) or one or more specific factors such as physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Procession” means any operation or set of operations which is performed upon personal data, whether or not by an automatic system. The term is broad and covers practically all data procession processes.
“Pseudonymisation” means the processing of personal data in such a way that the personal data cannot be related to a specific affected person without the inclusion of additional information, provided that this additional information is kept separated and is subject to technical and organisational measures ensuring that the personal data is not related to an identified or identifiable natural person.
“Profiling” shall mean any automated procession of personal data with the intention that such personal data are used to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location of that natural person.
The term “responsible party” shall mean the natural or legal person, public authority, agency or any other authority which alone or jointly determines the purposes and means of the personal data procession.
“Order processor” means a natural or legal person, public authority, agency or other authority which processes personal data on behalf of the responsible party.
Relevant legal basis
In accordance with Art. 13 DSGVO, we inform you on the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing in order to fulfill our services, enforce legal obligations and answer enquiries is Art. 6 Para. 1 lit. b DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 Para. 1 lit. c DSGVO, and the legal basis for processing with the purpose to protect our legitimate interests is Art. 6 Para. 1 lit. f DSGVO. In the event, that essential interests of the affected person or another natural person require the processing of personal data, Article 6 paragraph 1 letter d DSGVO serves as the legal basis.
In accordance with Art. 32 DSGVO and considering the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.
Such measures shall include ensuring confidentiality, integrity and availability of data by controlling physical access to data, as well as access, input, disclosure, availability and segregation of data. Furthermore, we have established procedures to ensure that data subjects’ rights are implemented, data is deleted, and response to any threats of data. Furthermore and in accordance with the principle of data protection through the design of technology and data protection-friendly default settings (Art. 25 DSGVO), we already take the personal data protection at an early stage of hardware and software and process selection development into account.
Cooperation with contract processors and third parties
In the event of data disclosure, transfer or other forms of granting data accesses to other persons and companies (processors or third parties) during data processing, we ensure that this process is only done on the basis of a legal authorisation (e.g. if the data must be transferred to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 lit. b DSGVO for the fulfilment of the contract), if you have given your consent, if a legal obligation is demanding for it or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we contract third parties to process data on the basis of a so-called “contract processing agreement”, this is done on the basis of Art. 28 DSGVO.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties, disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, a legal obligation or our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer the data in a third country if the special requirements of Art. 44 ff. DSGVO are met. Meaning, that the processing is occurring, for example, on the basis of special guarantees, such as officially recognized determination of EU standard data protection levels (e.g. for the USA through the “Privacy Shield”) or in compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of affected persons
You have the right to obtain confirmation whether or not relevant data are processed and information about these data and receive further information and a copy of the data in accordance with Art. 15 DSGVO.
According to Art. 16 DPA, you have the right to request your completion of data or correction of incorrect data which are related to you.
According to Art. 17 DSGVO, you have the right to demand immediate deletion of relevant data, or alternatively, in accordance with Art. 18 DSGVO, to demand restriction of data procession.
According to Art. 20 DSGVO, you have the right to demand access to such data provided by you and that they will be passed on to other responsible parties.
You also have the right to submit a complaint with the responsible supervisory authority in accordance with Art. 77 DSGVO.
Right of withdrawal
You have the right to revoke consents granted in accordance with Art. 7 Para. 3 DSGVO with effect for the future.
Right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. The objection may in particular be made against processing for the purposes of direct advertising.
Cookies and right of objection for direct advertising
“Cookies” are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store 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 offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for the online content (otherwise, if it is only their cookies, it is called “first-party cookies”).
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored 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
The data processed by us will be deleted or restricted in their processing in accordance with articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for the intended purpose and the deletion does not conflict with any legal storage obligations. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to legal requirements in Germany, patient data storage is compulsory during 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting receipts, trading books, relevant taxation documents, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters).
Health care services
We process the data of our patients and interested parties 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 in this context, the nature, scope and purpose of such processing and the necessity of processing it, shall be determined by the underlying contractual relationship. The processed data includes inventory and basic data of the patients (e.g., name, address, etc.), as well as contact data (e.g., e-mail address, telephone number, etc.), contract data (e.g., used services, purchased products, costs, names of contact persons) and payment data (e.g., bank details, payment history, etc.).
Within the scope of our services, we may also process special categories of data in accordance with Art. 9 Para. 1 DSGVO, here in particular information on the health of patients, if necessary with reference to their sex life or sexual orientation. For this purpose, we obtain, if necessary, in accordance with Art. 6 para. 1 lit. a., Art. 7, Art. 9 para. 2 lit. a. DSGVO an explicit consent of the patients and process the special categories of data for health care purposes on the basis of Art. 9 para. 2 lit. h. DSGVO, Art. 22 Para. 1 No. 1 b. BDSG.
If for the fulfilment of the contract necessary or required by law, we disclose or transfer the patients’ data within the scope of communication with medical professionals, third parties involved in the fulfilment of the contract, such as laboratories, billing offices or comparable service providers, if this is necessary for the provision of our services according to Art. 6 para. 1 lit b. DSGVO, legally according to Art. 6 Para. 1 lit. c. DSGVO, our interests or those of the patients in efficient and cost-effective health care as a legitimate interest in accordance with Art. 6 para. 1 lit. f. DSGVO or is necessary according to Art. 6 para. 1 lit. d. DSGVO to protect vital interests of patients or another natural person or within the scope of a consent according to Art. 6 para. 1 lit. a., Art. 7 DSGVO.
The data will be deleted when it´s no longer necessary for the fulfilment of contractual or legal duties of care and for dealing with any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed every three years; otherwise the statutory retention obligations apply.
Administration, financial accounting, office organization, contact management
We process data within the framework of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. We process the same data that we process within the scope of providing our contractual services. The basis for processing are Art. 6 Par. 1 lit. c. DSGVO and Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose of and our interest in processing is the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data regarding contractual services and contractual communication corresponds to the data mentioned in these processing activities.
We disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee agencies and payment service providers.
Furthermore, we store information of suppliers, event organizers and other business partners based on our business interests, e.g. for the purpose of contacting them at a later date. We store these mostly company-related data permanently.
Users can create a user account. As part of the registration process, the required mandatory data is provided to the users and processed based on Art. 6 para. 1 lit. b DSGVO for the purposes of providing the user account. The processed data includes login information (name, password and an e-mail address). The data entered during registration is used for the purposes of the use of the user account.
Users can be informed by e-mail about information relevant to their user account, such as technical changes. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to a legal obligation to keep records. It is the responsibility of the users to delete their data upon termination.
In the context of the use of our registration and login functions as well as the use of user accounts, we store IP address and time of the respective user action. The storage is based on our legitimate interests, as well as the user’s need for protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c. DSGVO. The IP addresses are anonymized or deleted after 7 days at the latest.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details will be used to process the contact request and its handling in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relations), Art. 6 para. 1 lit. f. (other inquiries) DSGVO. User data is stored in a customer relationship management system (“CRM system”).
We delete the inquiries if they are no longer required. We check the necessity every two years; furthermore, the statutory archiving obligations apply.
Hosting and e-mail delivery
We use hosting services in order to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail delivery, security services as well as technical maintenance services which we use for the purpose of operating this online offer.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer and in accordance with Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing agreement).
Collection of access data and log files
Based on our legitimate interests as defined in Art. 6 Par. 1 lit. f. DSGVO, we or our hosting provider, access data on the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited site), IP address and the requesting provider.
For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.
Google is certified under the Privacy-Shield-Agreement and thus offers a guarantee to comply with the European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services associated with the use of this website and the internet. In doing so, pseudonymous user 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 user is 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 is the full IP address transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not combined with other data from Google. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The personal data of users will be deleted or anonymized after 14 months.
Google AdWords and conversion measurement
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the Google “AdWords” online marketing tool to place ads on the Google advertising network (e.g., in search results, in videos, on web pages, etc.) to be displayed to users who have a presumed interest in the ads. This allows us to better target ads for and within our online services in order to show users only ads that potentially match their interests. For example, if ads for products are shown to a user that he or she has been interested in on other websites, this is called “remarketing”. For these purposes, when you visit our website and other websites on which Google advertising network is active, Google will execute a code directly by Google and incorporate so-called (re)marketing tags (invisible graphics or code, also known as “web beacons”) into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (instead of cookies, comparable technologies can also be used). This file records which websites the user has visited, what content he is interested in and which offers the user has clicked on, as well as technical information on the browser and operating system, referring websites, visiting time and other information on the use of the online offer.
We also receive an individual “conversion cookie”. The information obtained by the cookie is used by Google to compile conversion statistics for us. However, we only learn the anonymous total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not receive any information that personally identifies users.
User information is processed pseudonymously within the Google advertising network. This means that Google does not store and process, for example, the name or e-mail address of the user, but processes the relevant data cookie-related within pseudonymous user profiles. I.e. from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who that cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google’s servers in the USA.
Integration of third-party services and content
Within our online offer and on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer in the sense of Art. 6 Par. 1 lit. f. DSGVO), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of these contents are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address in order to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known 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 contain technical information about the browser and operating system, referring websites, visiting time and other details about the use of our online offer, as well as being linked to such information from other sources.
Created with the support of Datenschutz-Generator.de by RA Dr. Thomas Schwenke